Equal Rights for Persons with Disabilities Law, 5758-1998[1]

Chapter A: Basic Principles ........................................................................................... 1

Chapter B: Interpretation ............................................................................................... 2

Chapter C: General Principles ....................................................................................... 3

Chapter D: Employment ................................................................................................ 3

Chapter E: Public Transportation Services ................................................................... 8

Chapter E1: Public Places and Public Services[2] ......................................................... 9

Chapter F: The Commission for Equal Rights of Persons with Disabilities ................ 53

Chapter G: Miscellaneous Provisions ......................................................................... 55

Chapter A: Basic Principles

1. Basic principle

The rights of people with disabilities and the obligation of Israeli society

toward these rights are founded upon recognition of the principle of equality,

on man's worth - created in God's image - and on the principle of respect for

all human beings.

2. Object

The object of this Law is to protect the dignity and liberty of a person with a

disability, to enshrine his right to equal and active participation in society in all

major spheres of life, and, furthermore, to provide an appropriate response to

his special needs, in such a manner as to enable him to live his life with

maximal independence, in privacy and with dignity, realizing his potential to

the full.

3. Affirmative Action

Any action designed to correct a prior or existing discrimination against people

with disabilities or designed to advance the equality of people with disabilities

shall not be regarded as unlawful discrimination.

4. The Right to Make Decisions

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A person with disabilities is entitled to make decisions relating to his life,

according to his desires and priorities, all in accordance with the provisions of

any law.

Chapter B: Interpretation

5. Definitions

In this Law -

"Person With Disabilities" - a person with a physical, mental or intellectual,

including cognitive, impairment, whether permanent or temporary, which

substantially limits his functioning in one or more of the central spheres of life;

"Representative Employees' Organization" – has the same meaning as in

the Collective Agreements Law, 5717-1957;

"Public Body" – one of the following:

(1) a government ministry, including its units and its support units;

(2) the Knesset;

(3) the Israel Defense Forces;

(4) the Israel Police;

(5) a local authority;

(6) a corporation in which at least one-half of the voting power or the right

to appoint at least one half of its directors is held by either a local

authority or a government ministry, or both;

(7) a corporation established under statute;

(8) a government company, within the definition in the Government

Companies Law, 5735-1975, as prescribed by the Minister of Justice,

with the agreement of the Ministers as they are defined in the aforesaid

Law;

(9) the World Zionist Organization;

(10) the Jewish Agency for Israel

(11) any other body, which is an inspected body within the meaning

of section 9 of the State Comptroller Law, 5718-1958 [Consolidated

Version], as prescribed by the Minister of Justice, with the consent of

the Labor, Welfare and Health Committee of the Knesset.

"Commissioner" - the Equal Rights for Persons with Disabilities

Commissioner appointed pursuant to the provisions of Section 22.

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"Commission" - the Commission for Equal Rights of Persons with Disabilities

within the meaning of Chapter F of this Law;

Chapter C: General Principles

6. Principles Regarding the Exercise of Rights and Provision of Services

(a) Exercise of rights and provision of services to a person with

disabilities shall be performed as follows –

(1) in strict compliance with the person's dignity and liberty and

protection of his privacy;

(2) within the ambit of services provided and designated for the

general public, while performing any necessary accommodations in the

particular circumstances, as stated in this Law;

(3) in respect of rights and services provided by a public body - to a

suitable standard, within a reasonable time and within a reasonable

distance from the person's place of residence, and all within the

framework of the financial resources available to the public body.

(b) (repealed)

7. Determination of Entitlement

Any examination or review whose object is to determine a person's

entitlement to rights or services on account of his disabilities, shall be

conducted with full consideration of his ordinary way of life.

Chapter D: Employment

8. Prohibition of Discrimination in Employment

(a) An employer shall not discriminate between his employees or persons

seeking employment, by reason of their disabilities, provided that they are

qualified for the job or position in question, in any of the following:

(1) hiring, including hiring tests;

(2) employment terms;

(3) promotion at work;

(4) training or professional advanced studies;

(5) severance or severance pay;

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(6) benefits and payments given to an employee in connection with

retirement from work.

(b) For the purposes of subsection (a), setting irrelevant conditions shall also be

deemed discrimination.

(c) Any act or failure to act which are necessary from the substantive

requirements of the job or position, shall not be deemed discrimination under

this section.

(d) The provisions of this section shall also apply, mutatis mutandis, to a person

who was formerly a person with disabilities, a person regarded as a person with

disabilities and to the family members who take care of a person with

disabilities.

(e) For the purposes of this section -

"Family Member" means -

(1) a spouse, parent or child;

(2) a spouse of a parent, a spouse of child, a brother or sister or their

spouses, a grandparent or grandchild, who are mainly responsible to support

the person with disabilities;

"Discrimination" includes non-performance of accommodations required on

account of the special needs of the person with disabilities which will enable

his employment;

"Accommodation", "Accommodations" includes modifying the workplace,

the equipment therein, job requirements, work hours, job hiring tests, training

and instruction and work procedures, all without imposing an undue burden

on the employer;

"An Undue Burden" means an unreasonable burden in the specific

circumstances, taking into consideration, inter alia, the cost and nature of the

accommodation, the size and structure of the business, the scope of activity,

number of employees, composition of the staff and the existence of external

or State sources of financing to perform the accommodation.

9. Suitable Representation of People with Disabilities

(a) Where an employer sees that among his employees, people with disabilities

are not suitably represented, in the particular circumstances, (hereinafter -

"suitable representation"), he shall act to advance suitable representation,

including the implementation of accommodations.

(b) The activities of an employer under this section may be made in a plan to

include provisions with respect to preference in employment or advancement

of people with disabilities who are qualified for the job or position and who

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have similar qualifications to those held by other candidates for the job or

position.

(c) The Minister of Labor and Social Welfare may, in consultation with the

Commission and with organizations engaged in the advancement of the rights

of people with disabilities, according to the basic principles of this Law and

with the approval of the Labor and Social Welfare Committee of the Knesset,

act as follows -

(1) prescribe supplementary provisions, either for a particular case or

types of cases, concerning employer obligations under this section,

including provisions on categories of disabilities or the severity of

disabilities of people who must be employed or promoted at work;

(2) prescribe provisions in respect of an employer's duty to report on taking

action under this section;

(3) prescribe limitations on obligations of an employer under this section.

(d) In this section -

"Employer" - an employer employing more than 25 employees, excluding the

State or any other employer to which the provisions of section 15A of the

State Service (Appointments) Law, 5719-1959 are applicable;

"Accommodations" - as defined in section 8(e).

10. Protection of a Complainant

(a) An employer shall not harm an employee in the matters specified in section 8

because of a complaint or claim of an employee in respect of the provisions of

this chapter, or because he assisted another employee in connection with a

complaint or claim under this chapter.

(b) In a criminal or civil case for breach of subsection (a), it shall be a valid

defense if the employer acted in response to a false complaint or assistance

in respect of a false complaint made maliciously and with the knowledge that

the complaint was a false complaint.

11. Advertisements of Job Offers

(a) An employer or a person requiring a worker shall not publish an

advertisement regarding a job offer or a referral for professional training which

is discriminatory under the provisions of section 8.

(b) The provisions of this section shall not apply to the publication of an

advertisement regarding a job offer or referral for professional training to

which section 8(c) applies.

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12. Right of Action

Actions regarding breach of the provisions of this chapter may be filed by the

following -

(1) an employee;

(2) a representative employees' organization at the same workplace, and

where there is no such organization, the employees' organization to

which the employee belongs;

(3) the Commission or an organization engaged in the advancement of the

rights of people with disabilities, provided the employee consents

thereto.

13. Application of Provisions of the Equality of Opportunities in

Employment Law

(a) The provisions of sections 5, 9(a) and (c), 11, 13, 14, 16, 17, 18 and 21 (a) to

(c) of the Equality of Opportunities in Employment Law, 5748-1988 shall

apply, mutatis mutandis, to the provisions of this chapter.

(b) The provisions of section 9(c) of the Equality of Opportunities in Employment

Law, 5748-1988, as they are applied in subsection (a), and the provisions of

sections 15(d) of this Law, shall not apply to a defendant in either a civil or a

criminal matter, as the case may be, should the information be required as

stated in those sections for one of the following purposes:

(1) to comply with the provision of any Law concerning accommodations as

defined in section 8(e), for people with disabilities, or concerning suitable

representation or affirmative action for people with disabilities;

(2) to act in accordance with a plan to promote equality in employment, which

an employer is implementing, or that a government ministry has approved,

or that it is funding in whole or in part, which includes provisions regarding

accommodations as stated in paragraph (1) or affirmative action in hiring

or promotion at work for people with disabilities.

14. Jurisdiction and remedies

The Labor Court shall have exclusive jurisdiction to hear a civil proceeding for

breach of the provisions of this chapter and it may act as follows:

(1) award damages, even where no pecuniary damage has been incurred,

at a the rate it deems fit in the circumstances;

(2) grant a prohibitory injunction or mandatory injunction, if it considers that

an award of damages alone is not just; when granting an order under

this section, the Court shall take into account, inter alia, the influence of

the order on labor relations at the workplace and the possibility of

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another employee being harmed. The provisions of this paragraph shall

be in force despite the provisions of section 3(2) of the Contracts

(Remedies for Breach of Contract) Law, 5730-1970.

15. Penalties

(a) Those acting in contravention of the provisions of sections 8, 10 and 11 shall

be liable to twice the fine set in section 61(a)(1) of the Penal Law, 5737-1977.

(b) No person shall be criminally liable for an offense under section 11, other than

the employer or the person seeking a worker.

(c) The provisions of this section shall not apply to non-performance of

accommodations, as defined in section 8(h).

(d) In a criminal proceeding concerning the contravention of the provisions of

section 8, it will be presumed that the defendant has contravened the

provisions of said section, if he demanded, directly or indirectly, from an

employee or a person seeking employment, information about his disability,

unless the defendant proves otherwise.

16. Programs

(c) The Minister of Labor and Social Welfare shall initiate, develop and prepare

programs in respect of the following matters:

(1) employment and rehabilitation of people with disabilities, with priority to

their integration into regular workplaces;

(2) establishment of an employment assessment system and an appropriate

vocational system to ensure the integration of people with disabilities into

the employment pool;

(3) providing counseling and vocational training to employers and employees

in respect of integration of people with disabilities into the employment

pool.

(d) The Minister of Labor and Social Welfare shall, once a year, submit a report

on such programs referred to in subsection (a), to the Labor and Social

Welfare Committee of the Knesset.

17. Implementation and Regulations

(a) The Minister of Labor and Social Welfare is charged with the implementation

of the provisions of this chapter and he may enact Regulations in all matters

relating to the implementation of this chapter, including in respect of the

nature of the accommodations required under the provisions of this chapter.

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(b) The Minister of Labor and Social Welfare and the Minister of Finance shall

prescribe Regulations regarding contributions to funding the implementation

of accommodations, as defined in section 8(e).

(c) The Minister of Labor and Social Welfare, in consultation with the Minister of

the Interior, shall make Regulations regarding the provision of priority to

people with disabilities when granting parking spaces at workplaces.

(d) (1) Regulations under this chapter shall be made in consultation with the

Commission and with the organizations engaged in the advancement of the

rights of people with disabilities, in accordance with the basic principles of this

Law, and with the approval of the Labor and Social Welfare Committee of the

Knesset.

(2) Regulations under subsections (b) and (c) shall also be enacted in

consultation with representative employees' organizations which, in the

opinion of the Minister of Labor and Social Welfare, are involved in the matter,

and with employer organizations which, in the opinion of the Minister of Labor

and Social Welfare, are representative and are involved in the matter.

(e) Regulations under this chapter shall be submitted for the approval of the

Labor and Social Welfare Committee of the Knesset within one year of the

date of publication of this Law.

18. Temporary Provision

(Repealed)

Chapter E: Public Transportation Services

19. Public Transportation Services

(a) A person with disabilities is entitled to public transportation services which are

accessible and suited for his use, at a reasonable frequency, including the

possibility of access to stations and ports within which public transportation

services operate. In this section "public transportation services" means

buses on municipal routes, trains, air transportation and boats intended for the

public.

(b) An operator of public transportation services and the local authority shall

regulate accessibility as stated in subsection (a), each in his area of

responsibility.

(c) The Minister of Transport and the Minister of Finance, in consultation with the

Ministers involved in the matter, the Commission, representatives of operators

of public transportation and organizations engaged in the advancement of the

rights of people with disabilities, in accordance with the basic principles of this

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Law and with the approval of the Labor, Welfare and Health Committee of the

Knesset, shall make Regulations to regulate accessibility of public

transportation services, including the modes and dates for their regulation.

Regulations pertaining to public transportation shall be submitted for the

approval of the Labor, Welfare and Health Committee of the Knesset within

one year of the date of publication of this Law.

(c1) In addition to the aforesaid in subsections (a) to (c), the Minister of

Transport in consultation with the Commission and organizations engaged in

the advancement of the rights of people with disabilities, in accordance with

the basic principles of this Law and with the approval of the Labor, Welfare and

Health Committee of the Knesset, shall make Regulations pertaining to –

(1) the rate of reduction in fees to be granted the holder of a taxicab

operating license, who shall operate a taxicab accommodated to

transport people with disabilities, including terms and rules concerning

provision of the reduction and different rates of reduction taking into

consideration the types of accommodations installed in the taxicab, or

the size of the population of people with disabilities the taxicab is

expected to serve;

(2) the obligation to carry out accessibility accommodations for people

with sensory disabilities on intercity buses according to terms and

rules to be determined.

(c2) the first regulations under subsection (c1) shall be submitted for the approval

of the Labor, Welfare and Health Committee no later than the 3rd of Iyar 5766 (1

May 2006).

(d) Those acting in contravention of the provisions promulgated under this section

shall be liable to a fine as stated in section 61(a)(3) of the Penal Law, 5737-

1977.

Chapter E1: Public Places and Public Services[2]

Article A: Basic Principles and Definitions

19A. Definitions

In this Chapter -

“Auxiliary Means and Auxiliary Services” – including,

(1) Sign language interpreters or devices adapted for hearing impaired

persons including subtitling, signs, real time captioning or use of

amplifying devices;

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(2) Announcers, recorded texts or devices designed for vision impaired

persons or persons with learning disabilities including Braille , raised

lettering, or enlarged print;

(3) Communication board or any alternative communication devices;

accommodation of procedures, training, guidance and information in a

language understood by a person with intellectual or mental disability

or to an autistic person, with the staff on hand;

(4) Any device and additional service that the Minister of Justice has

prescribed by Order.

“Building” – as defined in Section 1 of the Planning and Building Law;

“License Holder”, “Bezeq Facility”, “Bezeq Service” – as defined in the

Communication (Bezeq and Broadcasting) Law, 5742-1982;

“Committee” – The Labor, Welfare and Health Committee of the Knesset;

“Accessibility Provisions Under the Planning and Building Law” – the

provisions under each of these:

(1) Section 158a of the Planning and Building Law;

(2) Chapter E(1)a of the Planning and Building Law;

(3) Regarding an educational institution and/or lpreschool within the

meaning of Article 7, that a permit to build or use was issued after the

Regulations enacted by the Minister of the Interior under Section 158F1(g)

of the Planning and Building Law came into force – also Chapter E(1) of the

said law.

“Planning and Building Law” - Planning and Building Law, 5725-1965;

“Licensed Buildings, Infrastructure and Environment Accessibility

Expert”, “Licensed Service Accessibility Expert” – within the meaning

of Article 11;

“Accessibility” – the ability to reach, to be mobile and to be oriented in a

place, to use and to enjoy service, to receive information that is given or

produced in a place or a service or in connection with them, to use given

facilities and to participate in programs and activities that take place there,

and all of these in an equal, dignified, independent and safe manner.

“Accessibility Accommodation” – Accommodation that should be

performed in order to achieve accessibility;

“Undue Burden” – within the meaning of Section 19M(a)(2);

“Public Authority” – any of these:

(1) Public body listed in paragraph (1) to (5), (7), (9) and (10) in the

definition “Public Body” in Section 5;

(2) Body that gives state health services as defined in Section 19O;

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(3) Official educational institution within the meaning of Section 19FF;

(4) Public institution in which the State’s contribution is above 30% of its

operating budget in the last five years, on average;

(5) A body determined in an order by the Minister of Finance and

approved by the Committee.

“Israeli Standard” – An Israeli standard within the meaning of the Law of

Israel Standards, 5713-1953.

19B. The Right to Accessibility – a Basic Principle

A person with a disability is entitled to accessibility within a public place and a

public service.

19C. Prohibition of Discrimination

It is prohibited to discriminate against a person with disabilities and it is

prohibited to infringe upon his rights to accessibility, all in accordance with the

provisions of this Chapter.

19D. Place, Service and Product for Non-Profit Purposes

Obligations that apply to a public place, a public service and a product under

this Chapter will be enforced whether the public place, the public service or

the product are for profit or non-profit, or whether a payment was collected or

not. This Chapter will be enforced in matters concerning the supplying of the

product or the receiving of the public service, the operation of the public

service, and the entrance to a public place or the receiving of a service in a

public place.

Article B: Prohibition of Discrimination in Public Services, Public Places

and Products

19E. Definitions Regarding Prohibition of Discrimination

In this Article -

“Someone Engaged in the Business of” – includes an owner, holder or

manager of a business and/or the person responsible for providing the public

service, operating the public service or the entry to it, or of supplying the

product;

“Public Place” – one of these:

(1) A place, including a place from the places listed in schedule 1, or

part of, that is available for use to the public or an undefined part of it;

(2) A place or part of it in which a public service is provided;

“Public Service” – one of these:

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(1) A service, including a service from the services listed in schedule 2,

and intended for the general public or an undefined part of it;

(2) A service provided by a public body;

(3) A service provided in a public place.

19F. Prohibition of Discrimination in a Public Place and in a Public Service

(a) Anyone who is in the business of providing a public service, operating

a public place or supplying a product, shall not discriminate against a person

with a disability according to each of these criterion:

(1) A provider shall not refuse -

(a) To enable access to a public place or part of it;

(b) To provide a public service;

(c) To supply a product;

(d) To enable the use of a public service or the enjoyment from a

public service;

(2) A provider shall not set any condition(s) unrelated to the matter

that prevent or restrict, directly or indirectly, the use of a public

service or a public place or the enjoyment from a public service,

a public place or the supply of a product;

(3) A provider shall not provide a public service and shall not supply

a product under circumstances inferior to the circumstances

generally provided.

(b) A place or a service which is not available for use by the entire public

or an unspecified part of it, due to legal restriction of the use of it will not be

considered prohibited discrimination as stated in this Section.

(c) It shall not be considered discrimination under this Section in situations

where the nature or essence of the public place or the public service

requires it.

(d) This article does not oblige the implementation of accessibility

accommodations.

Article C: Public Places – Accessibility

19G. What Constitutes a Public Place

In this Article and in Article E -

“Public Place” – one of these:

(1) A place or part of a place, listed in Schedule 1, that is available for

the use the entire public or undefined part of it;

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(2) A place where a public service is provided as defined in Section

19J;

“An Existing Public Place” – one of these:

(1) A public place that is a building that a permit to build or use it as a

public place was issued before the regulations enacted by the

Minister of the Interior under Section 158F1 to the Planning and

Building Law came in force;

(2) A specific place that is not a building, that was in existence, before

the Regulations enacted by the Minister of Justice under Section

19I came in force (in this Article – effective date).

19H. Accessibility to a Public Place

(a) A public place shall be accessible to people with disabilities, under the

provisions of this Article or under the accessibility provisions of the Planning

and Building Law, as applicable.

(b) A person responsible for a public place under Subsection (c) shall

implement accessibility accommodations for persons with disabilities under

this Article, or under the accessibility provisions of the Planning and Building

Law, as applicable, and shall ensure proper maintenance of these

accommodations.

(c) The accessibility duty for the purposes of a public place under this

Section -

(1) Regarding accessibility accommodations that require a permit

within the meaning of Section 145(a) of the Planning and Building Law

shall apply to the owner; if a public place was leased and the Tenant

Protection [Combined Version] Law, 5732-1972 (in this Section Tenant

Protection Law) applies on this lease, then the tenant shall pay the

landlord half of the implementation expenses of the accessibility

accommodations. The Minister of Construction and Housing, with the

approval of the Government and the Committee, may set different

contribution rates within a year from the day this Law was published; in

this Section “tenant”, “landlord” – as defined in Tenant Protection

Law;

(2) Regarding accessibility accommodations that do not require a

building permit as stated in Paragraph (1), the accessibility duty shall

apply to the owner; however, if the place is held or operated by

someone who is not the owner – the accessibility duty shall apply to the

holder or to the operator of the public place.

(d) Notwithstanding any law or agreement, the holder, the operator

or the owner of the public place, as applicable, must allow the person

that has a legal obligation, in accordance with the provisions under this

Article, to implement accessibility accommodations in the public place.

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(e) (1) A person shall not operate a public place unless

accessibility accommodations were implemented in this place in

accordance with the provisions of this Chapter or Chapter E1A of the

Planning and Building Law;

(2) Notwithstanding any law, if the owner did not implement

the accessibility accommodations under this Chapter or under Chapter

E1A of the Planning and Building Law, the lessee may cancel the lease

and shall not be considered in breach of contract and not be liable for

compensation due to cancellation.

(f) In this Section -

“Owner” – the owner, and if there is a Long Term Lessee, the Long Term

Lessee, excluding the tenant;

“Long Term Lessee” – a lessee within the meaning of the Land Law, 5729-

1969, including a licensee, with either single period authorization or ongoing

authorization, for a period longer than 25 years.

19I. Accessibility Regulations Regarding a Public Place

(a) Regarding existing public places and public places that are not

buildings that were constructed after the effective date, the Minister of Justice

shall set provisions regarding the necessary accessibility accommodations,

given the Israeli Standard, either generally or for types of places, in order to

enable reasonable accessibility to a person with disabilities; Regulations

under this paragraph shall include, inter alia, provisions concerning -

(1) Access to intersections, sidewalks, bridges, tunnels and other

passages within the public domain including access to passages from

parking spaces as aforementioned in Section (2);

(2) Parking space allocation for persons with disabilities, or the total

existing or planned parking spots, as applicable, in the public place

area.

(b) The Minister may establish, in the Regulations under Subsection (a) a

full or partial exemption from the accessibility accommodations that were set

by him including reduced requirements for all or part of the different types of

existing predetermined public places, if one of the following applies:

(1) The exemption or the reduction of requirements is necessary in

order to prevent a substantial damage to the special character of the

place, including its uniqueness, due to values such as archeology,

architecture or nature.

(2) The implementation of accessibility accommodation would

constitute an undue burden.

(c) In the Regulations under this Section -

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(1) Provisions regarding gradual application of the accessibility

provisions as set out in said Regulations, insofar as they apply to a

public authority, shall be established for a period that shall not exceed

12 years from the effective date; however, regarding a public authority

stated in Column A of Schedule 3, provisions shall be established

regarding gradual application as aforesaid, until the date stated in

Column B of Schedule 3, upon which the accessibility duty shall apply

fully with regard to that public authority;

(2) It is possible to establish provisions regarding gradual

application of the accessibility provisions, as aforesaid in the

Regulations, as they apply to a non-public authority, for a period that

shall not exceed eleven years from the effective date;

Provisions as aforementioned in Paragraphs (1) and (2) shall be

established to consider, inter alia, each of the following:

(1) The type or nature of the place requiring accessibility;

(2) The kind or nature of the service provided in the public place

requiring accessibility;

(3) The scope of places or services requiring accessibility by this

body;

(4) The types of accessibility accommodations.

If gradual application has not been determined, the accessibility duty

shall fully apply, no later than the 23rd of Cheshvan 5779 (Nov. 1st,

2018) regarding a public authority, except a public authority stated in

Column A of Schedule 3, and regarding such a public authority – no

later than the date stated in Column B of Schedule 3 with regard to that

public authority, and no later than the 12th of Cheshvan 5778 (Nov. 1st,

2017) regarding a non-public authority; in this subsection - “effective

date” – either the day the first Regulations under this Section will be

published, or on the 10th of Cheshvan 5767 (Nov. 1st, 2006), whichever

is earliest.

(c1) The Minister of Justice may, with the approval of the Committee, add

by Order, a public authority to Column A of Schedule 3 and in Column B

beside it – the date upon which the accessibility duty shall apply in full with

regard to said public authority, provided such date shall be no later than the

26th of Cheshvan 5782 (Nov. 1st, 2021) and that such an Order shall be

submitted for the approval of the Committee by the 24th of Cheshvan 5771

(Nov. 1st, 2010).

(d) Regarding public places that are not buildings and that will be

constructed as public places after the aforesaid effective date, the Minister of

Justice shall pass the authority to the Minister of the Interior under Section

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158F1(d)(2) of the Planning and Building Law to establish provisions

regarding exemption, full or partial, or reduced requirements.

(e) Exemption or reduced requirements about undue burden, set under

Subsection (b)(2) and (d) shall not apply to -

(1) A public place that a public authority is responsible for under this

Article;

(2) A legal obligation under the Planning and Building Law before

the regulations under Subsection (a) came into force.

(f) Regulation under this Section shall be enacted after a consultation with

the Commissioner and organizations that promote the rights of persons with

disabilities, and according to the basic principles and purposes of this Law

and with the approval of the Committee.

(g) The Minister of Justice may add in an order a place to the list of public

places in Schedule 1.

(h) Regulations under this Section that apply to a local authority shall be

promulgated with the consent of the Minister of the Interior.

(i) This Section shall not apply to a public place to which Article F, Article

G, or Article I apply.

(j) The first Regulations under Subsection (a) shall be submitted for the

Committee’s approval no later than 3rd of Iyar 5766 (May 1st, 2006) and shall

be approved by the Committee by 10th of Cheshvan 5767 (Nov. 1st, 2006).

Article D: Public Service – Accessibility

19J. What Constitutes a Public Service

In this Article and Article E -

“Public Service” – one of these:

(1) A service provided to the public or an undefined part of it by a public

body or a public place as defined in Article C,

(2) A service from the services listed in Schedule 2 and is intended for

the entire public or for an undefined part of it;

19K. Accessibility in a Public Service

(a) A public service will be accessible to persons with disabilities, in

accordance with the provisions under this article.

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(b) A person who is responsible for providing public service shall implement

the accessibility accommodations for persons with disabilities under this

article.

19L. Accessibility Regulations Regarding a Public Service

(a) Regarding public services, the Minister of Justice shall establish

provisions about the required accessibility accommodations, either in general

or for types of public services, in order to enable a person with a disability to

obtain reasonable accessibility; regulations under this action will include, inter

alia, provisions about accessibility of information produced in the scope of

public service, and about the installation of auxiliary means and the supply of

auxiliary services.

(b) In the regulations under subsection (a) the Minister of Justice may

determine an exemption, full or partial, from the accessibility accommodations

that he set including reduced requirements regarding types of public services,

total or partial, if one of these applies:

(1) The exemption or the reduced requirements is necessary in order to

prevent a substantial damage in the special nature of the public service;

(2) The implementation of the accessibility accommodations in the service

will constitute an undue burden.

(c) In regulations under this Section –

(1) Provisions will be established regarding gradual application of the

accessibility provisions in the aforementioned regulations as far as they

apply to a public authority, to a period that shall not exceed 12 years from

the effective date;

(2) It is possible to establish provisions regarding gradual application of the

accessibility provisions in the aforementioned regulations as far as they

apply to a non-public authority, for a period that shall not exceed 11 years

from the effective date;

The provisions referred to in paragraphs (1) and (2) shall be determined in

consideration of any of the following, inter alia:

(1) The type and the nature of the service that requires accessibility;

(2) The scope of the places or services requiring accessibility by that body;

(3) Types of accessibility accommodations.

If gradual application has not been set out, the accessibility duty shall be fully

applied no later than 23rd of Cheshvan 5779 (Nov. 1st, 2018) for a public

authority, and no later than 12th of Cheshvan 5778 (Nov. 1st, 2017) regarding

a non-public authority; in this subsection “effective date” – the day the first

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regulations under this Section were published or the 10th of Cheshvan 5767

(Nov. 1st, 2006), whichever is earliest.

(d) (1) A license holder will implement accessibility accommodations to

persons with disabilities for Bezeq services and Bezeq facilities under this

article;

(2) Notwithstanding subsection (a), regarding Bezeq services and

Bezeq facilities, the Minister of Communications shall establish

provisions concerning the accessibility accommodations required to

enable people with disabilities reasonable accessibility to the

aforementioned services and facilities; for this purpose the Minister of

Communications shall have the jurisdiction passed to the Minister of

Justice under subsection (b); the accommodations previously stated

may be established according to the types of Bezeq services and may

be established also according to Bezeq facilities.

(e) (1) A person who is in the business of personal car rental,

that owns or holds at least 100 vehicles shall hold at least two vehicles

modified for driving by a person with disabilities, and at least two

additional vehicles, modified to drive a person with disabilities;

(2) A person who is in the business of renting buses or other motor

vehicles shall make available for rent vehicles that are accessible for

persons with disabilities for a price identical to a price of a vehicle that

is not accessible as aforementioned.

(3) The Minister of Transport shall enact regulations to regulate the

accessibility under the provisions of this subsection.

(f) The provisions of subsections (b) (2) and (d) about undue burden

shall not apply to public service provided by a public authority.

(g) Regulations under this section shall be enacted after consultation

with the Commission and organizations that promote the rights of

persons with disabilities, and regarding Bezeq services also with license

holders related to the matter, according to the basic principles and

purposes of this law, and considering the provisions of Israeli standard

and the approval of the Committee.

(h) If the service is within the responsibility of another minister, the

Minister of Justice shall enact regulations as aforementioned, after

consultation with the same minister, as applicable.

(i) The Minister of Justice may add in an order a service to the list of

public services in Schedule 2.

(j) This Section shall not apply to a public service to which Article (f),

Article (g) or Article (j) apply.

(k) The first regulation under subsection (a), (d) and (e) shall be

submitted for the Committee’s approval no later than 3rd Iyar 5766 (May

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1, 2006) and shall be approved by the Committee by 10th of Cheshvan

5767 (November 1, 2006).

Article E: Restrictions on the Accessibility Duty

19M. Specific Exemption from Implementing Accessibility

Accommodations

(a) A person who is obliged to implement accessibility accommodations

under the provisions of this Chapter in an existing public place or in a public

service shall be exempt subject to the provisions of this Chapter, from the

implementation of a specific accessibility accommodation, if one of these

applies:

(1) The accessibility accommodation is impossible to implement

due to engineering circumstances and a Licensed Buildings,

Infrastructure and Environment Accessibility Expert has confirmed

this;

(2) The accessibility accommodation puts an undue burden

considering, inter alia, each of the following as applicable –

(a) The type of service or the place;

(b) The scope of the activity, including the range of

population that requires the service or the place;

(c) The nature of the accessibility accommodation and

the cost of the accessibility accommodation;

(d) The existence of external and public financial

resources to implement the accessibility

accommodations;

(e) The existence of alternatives to the service or

place, provided by the same factor, nearby and

that they are accessible under this Chapter;

(f) The range of the revenue turnover or rate of profit

of the person obligated to implementing the

accessibility accommodations under this Chapter;

(3) The accessibility accommodation substantially damages the

special character of the place due to values such as history,

archaeology, architecture or nature;

(4) The accessibility accommodation requires a fundamental

change in the nature of the existing public place or of the public

service.

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(b) A person who is obliged to implement accessibility accommodations

under the provisions of this Chapter, in a public place that is not a building

and constructed as such a place after the Regulations under Section 19I (a)

enter into force, is exempt from installation of an elevator or from

implementing a different accessibility accommodation of high cost determined

by the Minister of Justice, with the approval of the Committee, if the

Commissioner determined that the accommodation will impose an undue

burden upon him under Subsection (a)(2), Paragraph (e) excluded.

(c) A person who is obliged to implement accessibility accommodations under

the provisions of this Chapter, in an existing public place or a public service,

can be exempt from implementing a specific accessibility accommodation if

the Commissioner determined that the implementation of the accommodation

may cause the person obliged to implement the aforementioned

accommodation, to collapse financially.

19M1. Specific Exemptions - Specific Provisions

(a) The provisions of Section 19M(a)(2), (b) and (c) shall not apply to -

(1) A public place, operated or held by a public authority;

(2) Public service provided by a public authority;

(3) A legal obligation under the Planning and Building Law, before

the Regulations under Subsection 19I(a) came in force.

(4) A accommodation in a public place or a public service if the

person obliged to its implementation did not act bona fide.

(b) Notwithstanding Subsection (a) the Commissioner may grant a public

authority an exemption from implementing a specific accessibility

accommodation for the public place that it operates or holds or for a public

service that it provides, due to an unreasonable fiscal-economical burden;

however, the Commissioner shall not grant the aforementioned exemption to

any of these:

(1) A public body listed in Paragraph (1) to (4), (9) and (10) in

the definition “Public Body” of Section 5;

(2) A formal educational institution within the meaning of

Section 19FF and educational service provided by it;

(3) A public place at which a National Health Service is

provided as defined in Section 19O;

(4) Bank of Israel, Yad Vashem, Magen David Adom,

National Insurance Institute, The Standards Institution of Israel,

Israel Postal Company, Israel Airports Authority, Israel

Broadcasting Authority, The Second Authority for Television &

Radio, and the Israeli Employment Service.

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19N. Alternative Accessibility Accommodations

A person who is responsible for a public place or a person who is in the

business of providing public service as applicable has proven that a provision

from the provisions of Section 19M (a), (b) or (c), 19CC1 (3), or 19EE (c) or

provisions under Sections 19I (b) (2), 19I (d), 19L (b) (2), 19L (d) or 19Q (b)

applies, shall implement alternative accessibility accommodations, as set forth

in the regulations or were established regarding a specific exemption under

Section 19M including relocation to another place, that are reasonable under

the circumstances.

19N1. Exemption by the Commissioner

The Commissioner may determine a full or partial exemption from

implementing a specific accessibility accommodation in accordance to Section

19M and also impose an obligation to carry out alternative accessibility

accommodations that are reasonable under the circumstances, as aforesaid

in this Article.

Article F: Health Service and a Public Place at which a Health Service is

Provided – Accessibility

19O. Definitions

In this Article –

“Health Insurance Law” – National Health Insurance Law, 5754-1994;

“Service Providers” – Within the meaning of Section 21 of the Health

Insurance Law;

“Health Maintenance Organization” – As defined in Section 2 of the

Health Insurance Law;

“National Health Service” – Health service provided under Health

Insurance Law.

19P. Health Accessibility

A health service and a place at which a health service is provided shall be

accessible in accordance with the provisions of Sections 19H and 19K.

19Q. Accessibility Regulations regarding Health Services and a Place at

which a Health Service is Provided

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(a) The Minister of Health shall establish provisions concerning the

required accessibility accommodations, whether in general or for types, in

order to enable a person with disabilities to have reasonable access to health

services and to existing public places, as defined in Section 19G, at which

health services are provided.

(b) In regulations under subsection (a) the Minister may determine a full or

partial exemption from the set accessibility accommodations including

reduced requirements about each of the listed in paragraphs (1) and (2), if the

implementing of the accessibility accommodation becomes an undue burden

–

(1) A type of health service that is not a national health service, all

or part of it;

(2) A type of public place at which a service is provided as

aforementioned, all or part of it.

19R. Undue burden – Non-Applicability of Exemption

The provisions of Section 19M (a) (2) shall not apply to a public place at which

a national health service is provided or to a national health service.

19S. Plan for Achieving Accessibility and Accommodation

Every hospital and every Health Maintenance Organization and any other

major health services provider determined by the Minister of Health under

Section 19Z (in this Article – Major Service Providers), shall submit a plan to

the Minister of Health detailing the ways to make health services provided by

them and the public places at which health services are provided, accessible,

within six months of the day regulations under Section 19Q are published; the

plan shall be drafted in consultation with a Licensed Service Accessibility

Expert and Licensed Buildings, Infrastructure and Environment Accessibility

Expert, as applicable, and with their approval.

19T. Gradual application

(a) Accessibility provisions under this article with regard to a health service

provided by a major service provider or regarding a public place at which such

a health service is provided, shall be gradually implemented, over a period of

eleven years starting no later than 13th of Iyar 5767 (May 1, 2007) and ending

no later than 16th of Iyar 5778 (May 1st, 2018) (in this article – Interim

Period) according to an order to be issued by the Minister of Health by 13th of

Iyar 5767 (May 1st, 2007); the gradual application will be prescribed so as to

be equally distributed over each of the eleven years and in consideration of

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the plans under Section 19S, if submitted; in prescribing the deployment

pursuant to this Section, the Minister may take into consideration the type of

service, the scope of its activity, the region in which it is provided, the type of

disability and the existence of accessible alternatives in a specific region.

(b) In the interim period, the Health Maintenance Organizations

shall provide the insured persons with disabilities health services that are

accessible under the provision of this Chapter in public places that are

accessible as aforementioned either by themselves or by means of

service providers with whom they established relations, or by referring

the insured to receive services through another Health Maintenance

Organization.

(c) The Minister of Health may extend the interim period to a certain

body that is obliged to implement the accessibility accommodations

under this article for an additional period that shall not exceed two years,

if the Minister realized that it could not have completed the

implementation of accessibility according to the order issue under

subsection (a) with appropriate efforts.

(d) If an order under subsection (a) has not been established, the

accessibility duty will fully apply under this Section no later than 16th of

Iyar 5778 (May 1st, 2018).

19U. Consultation and Committee Approval

(a) Regulations under Section 19Q and an order under Section 19T shall

be established in consultation with major service providers, organizations that

represent medical professionals with the Commission and organizations that

promote the rights of persons with disabilities and in consideration of the

provisions of Israeli Standard, as applicable and in accordance with the basic

principles and purposes of this Law;

(b)The first Regulations under Subsection (a) shall be submitted for the

Committee’s approval by the 3rd of Iyar 5766 (May 1st, 2006), and shall be

approved by the Committee by the 10th of Cheshvan 5767 (November 1st,

2006).

19V. Reporting to the Minister

Major service providers shall submit a yearly report to the Minister of Health

about making health services and places accessible and the places under

their responsibility in which health services are provided, that was carried out

during the previous year, in the interim period or the extension period under

Section 19T(c) as required under the provisions of this Article.

19W. Reporting to the Committee

The Minister of Health shall submit each year to the Committee a report about

the progress that was carried out during the previous year of making health

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services and the places at which health services are provided accessible, as

required under the provisions of this article.

19X. Publication

Major service providers shall publish the health services and the places under

their responsibility at which health services are provided, that are accessible

to persons with disabilities; The Minister of Health shall establish provisions

regarding the means of publication.

19Y. Restriction

At the end of the period specified in Section 19T, a Health Maintenance

Organization shall not provide a national health service, whether by itself or

through service providers, unless the accessibility provisions under this Article

or under Section 158F(1) of the Planning and Building Law in the health

service and at the place at which the health service is provided are fulfilled

reasonably as applicable.

19Z. Applicability Regarding Major Service Provider

The Minister of Health shall determine the Major Service Providers that the

legal obligations under Sections 19S, 19V and 19X of this Law considering

the scope of activity of the service provider and range of population that it

serves.

Article G: Educational Institutions, Post-Secondary Institutions,

Educational and Learning Services – Accessibility

Part A: Post-Secondary Institutions

19AA. Definitions

In this part -

“Post-Secondary Institution” -

(1) An institution that was accredited by the Council for Higher

Education according to Section 9 of The Council for Higher Education

Law, 5718-1958 (in this law – the Council for Higher Education Law);

(2) An institution that received a permit or an approval under

Section 21A of the Council for Higher Education Law;

(3) A branch or a subdivision of an institution for higher education

which operates outside Israel and was granted a license by the Council

for Higher Education according to Section 25C of The Council for Higher

Education Law;

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(4) An institution that the degree it confers is recognized according

to Section 28A of The Council for Higher Education Law;

(5) Post-Secondary Institution for professional technical, Judaic or

religious education.

19BB. Accessibility of Post-Secondary Institution

Post-Secondary Institution and Learning Services provided by these

institutions, shall be accessible according to the provisions in Section 19H and

19K and according to the provisions of this Part.

19CC. Accessibility Regulations for Post-Secondary Institution

The Minister of Education, Culture and Sports (in this Law – Minister of

Education) and the Minister of Industry, Trade and Labor, as applicable shall

establish provisions about the required accessibility accommodations,

whether in general or for types of institutions in order to enable a person with

disabilities reasonable accessibility to existing public places that are post-

secondary institutions, and to learning services provided by these institutions

including installation of auxiliary devices and auxiliary services.

19CC1. Specific Exemption from Implementing Accessibility

Accommodations

A person who is obliged to implement accessibility accommodations under

this Article in an existing public place that is a Post-Secondary Institution shall

be exempt from implementing a specific accessibility accommodation if the

Commissioner has determined one of these:

(1) The accessibility accommodation is cannot be carried out due to

engineering circumstances, and a Licensed Buildings, Infrastructure and

Environment Accessibility Expert has confirmed this;

(2) The Accessibility accommodation substantially damages the

special character of the place due to values such as history,

archaeology, architecture or nature;

(3) Regarding a Post-Secondary Institution listed in Paragraphs (3)

and (5) of the definition of a Post-Secondary Institution – where the

accessibility accommodation imposes an undue burden.

19DD. Plan for Achieving Accessibility and Accommodation

An owner of a Post-Secondary Institution shall submit to the Minister of

Education and to the Minister of Industry, Trade and Labor, as applicable, a

plan which details the ways to make the Post-Secondary Institution and the

learning services provided by it accessible and modified, by the 1st of Elul

5768 (Sept. 1st, 2008); The plan will be drafted in consultation with a

Licensed Buildings, Infrastructure and Environment Accessibility Expert and a

Licensed Service Accessibility Expert and with their approval.

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19EE. Gradual application

(a) Accessibility provisions under this Chapter with regard to accessibility

to Post-secondary Institutions and learning services provided by them, shall

be gradually implemented, over a period of six years starting no later than 2nd

of Tishrei 5769 (Oct. 1st, 2008) and ending no later than 7th of Tishrei 5775

(Oct.1st, 2014) (in this part – Interim Period); by the 2nd of Tishrei 5769 (Oct.

1st, 2008) the Minister of Education and the Minister of Industry, Trade and

Labor, as applicable, shall prescribe, by Order, the gradual application of said

accessibility provisions, so as to be equally distributed over each of the six

years, taking into consideration the plans under Section 19DD, if submitted; in

prescribing the deployment pursuant to this Section, the Minister may take

into consideration the extent of the activity of the service, the region in which it

is provided, the type of disability and the existence of accessible alternatives

in a specific region.

(b) By the end of the interim period, the Post-secondary Institutions shall

reasonably implement accessibility accommodations, for a student with

disabilities, as applicable, who is studying at the place or intends to study

there, in consultation with an Licensed Service Accessibility Expert and

Licensed Buildings, Infrastructure and Environment Accessibility Expert, as

applicable; the Minister of Education shall publish information to the public

and to the Post-secondary Institutions about the rights according to this

Section and the ways to implement them.

(c) A person who is legally obliged to implement the accessibility

accommodations under subsection (b) will be exempt from implementing the

same accommodation in the period to 2nd of Tishrei 5769 (Oct. 1st, 2008), if

the Commissioner established that the implementation of the accommodation

will impose undue burden.

(d) If not Order under Subsection (a) was issued, the accessibility duty will

fully apply under this Part no later than 7th of Tishrei 5775 (Oct. 1st, 2014).

19EE1. Consultation and Committee Approval

(a) Regulations under Section 19CC and an order under Section 19EE

shall be established in consultation with the Council for Higher Education, with

the Commission and with organizations that promote the rights of persons

with disabilities and in consideration of the provisions of Israeli Standard, as

applicable, and in accordance with the basic principles and purposes of this

Law;

(b) The first Regulations under Subsection (a) shall be submitted for the

Committee’s approval by 3rd of Iyar 5766 (May 1st, 2006), and shall be

approved by the Committee by 10th of Cheshvan 5767 (November 1st, 2006).

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19EE2. Reporting to the Minister

Owners of Post-Secondary Institutions shall submit each year to the Minister

of Education and the Minister of Industry, Trade and Labor, as applicable, a

report about making institutions and the learning services provided there

accessible, as it was carried out during the previous year at these institutions,

in the interim period as required under the provisions of this Part.

19EE3. Reporting to the Committee

The Minister of Education and the Minister of Industry, Trade and Labor, as

applicable, shall submit each year to the Committee a report about the

progress of achieving accessibility according to this Part that was carried out

during the previous year.

Part B: Educational Institutions and Educational Services

19FF. Definitions

In this Part -

“Compulsory Education Law” - Compulsory Education Law, 5709-1949;

“Official Educational Institution” – as defined in Compulsory Education

Law;

“Educational Institution” – a formal educational institution, a recognized

educational institution, an exempt educational institution and special

education institution;

“Recognized Educational Institution” – as defined in Compulsory

education Law including a school that operates with a license according to the

Inspection of Schools Law, 5729-1969 excluding an official educational

institution;

“Exempt Educational Institution” – an institution within the meaning of

Section 5 of the Compulsory Education Law;

“Special Education Institution” – as defined in the Special Education Law,

5758-1998.

19GG. Educational Institutions Accessibility

Educational institutions and learning services provided by them shall be

accessible according to Section 19H and 19K and subject to the provisions of

this Part.

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19GG1. Accessibility regulations for Educational Institutions

Regarding existing public places that are educational institutions excluding

preschools, the Minister of Education shall establish provisions only about

these accessibility accommodations:

(1) The building of an elevator shaft in one main building;

(2) The building of an accessible restroom, one for women and one

for men on the ground floor of the main building.

19GG2. Plan for Making Access and Accommodation

Owners of educational institutions shall submit to the Minister of Education a

plan which details the ways to make educational institutions and learning

services provided by them accessible until the conclusion of six months from

the day the regulations under Section 19GG1 are published; the plan shall be

drafted in consultation with a Licensed Buildings, Infrastructure and

Environment Accessibility Expert and Licensed Service Accessibility Expert,

and with their approval.

19GG3. Gradual Application

(a) Accessibility provisions regarding accessibility of Educational Institutions

and learning services provided by them, pursuant to Section 19GG1, shall be

gradually implemented, over a period of 12 years starting no later than 13th of

Iyar 5767 (May 1st, 2007) and ending no later than 26th of Nissan 5779

(May1st, 2019) (in this article – Interim Period); by the 13th of Iyar 5767 (May

1st, 2007) the Minister of Education shall prescribe the gradual application of

said accessibility provisions, by Order, so that they shall be equally deployed

over each of the twelve years, taking into consideration the plans under

Section 19GG2, if submitted; in prescribing the deployment pursuant to this

Section, the Minister may take into consideration the extent of the activity of

the service, the region in which it is provided, the type of disability and the

existence of accessible alternatives in a specific region.

(b) If no Orders under Subsection (a) were prescribed, the accessibility

duty shall apply in full, pursuant to this Part, no later than 26th of Nissan 5779

(May 1st, 2019).

19GG4. Consultation and Committee Approval

(a) Regulations under Section 19GG1, 19HH and an order under Section

19GG3 shall be established in consultation with the Union of Local

Authorities, with the Commission and organizations that promote the rights of

29

persons with disabilities and in consideration of the provisions of Israeli

Standard, as applicable, and in accordance with the basic principles and

purposes of this Law;

(b) The first Regulations under Subsection (a) shall be submitted for the

Committee’s approval by the 3rd of Iyar 5766 (May 1st, 2006), and shall be

approved by the Committee by the 10th of Cheshvan 5767 (November 1st,

2006).

19GG5. Report to the Minister

Owners of educational institutions shall submit a yearly report to the Minister

of Education about making educational institutions and the learning services

provided there accessible, as was carried out during the previous year at their

institutions, in the interim period as required under the provisions of this Part.

19GG6. Reporting to the Committee

The Minister of Education shall submit a yearly report to the Committee on the

progress of achieving accessibility pursuant to this Part that was carried out

during the previous year.

19HH. Individual Accessibility for Student and Parent

(a) A student with disabilities is entitled to accessibility to a place that is an

educational institution or preschool, as applicable, and to the learning

service(s) provided by the same institution; in this Section “preschool” –

preschool that is an official educational institution, a preschool owned by a

local educational authority or a preschool under The Special Education Law.

(b) The Minister of Education shall establish provisions about the required

accessibility accommodations, either in general or for the types of institutions,

in order to enable a student with disabilities reasonable accessibility as

previously stated in Subsection (a); Regulations under this Section shall

include provisions about the implementation of accessibility accommodations

regarding each of these:

(1) The building of an accessible elevator in one main

building, excluding preschools;

(2) The building of an accessible rest room, one for women

and one for men on the ground floor of a main building.

(3) Making the entrance of an educational institution, the

pathways from the entrance to main building, between the main

buildings and adjacent buildings and the pathways to the yard and

the sport hall accessible, including paved roads.

30

(4) Means of accessibility for persons with visual and hearing

disabilities including the installation of auxiliary devices and

auxiliary services;

(5) Additional required accommodations in order to ensure

the student has reasonable accessibility at the educational

institution or preschool where he studies.

(c) A parent of a student, who is a person with disability, is entitled to

accessibility at the educational institution or at the preschool where the

student studies and the provisions of Subsection (b) shall apply, mutatis

mutandis; in this Paragraph “parent” – including legal guardian.

(d) An educational institution and a preschool shall implement the

accessibility accommodations for the student who studies there, for a child

that is registered and will be studying in the educational institution and for the

parent as aforesaid in Subsection (c), immediately after the date in which it

was firstly known by the educational institution or the preschool, as applicable,

of the student’s registration there.

(e) The Minister of Education, with the approval of the Committee, shall

establish provisions for the matter -

(1) The obligation of the registrar to examine, when

registering the student, the need to implement accessibility

accommodations; in this Paragraph “the registrar” – as defined

in Compulsory Education and State Schools (Pupil Registration)

Regulations 5719-1959;

(2) Dates of informing the owner of educational institution or

preschool about a registration of a student and about the need to

implement accessibility accommodations and dates to implement

the accessibility accommodations for the student or for the parent

and all in order that the implementation of the accommodations

shall come to an end before the beginning of studies of the

student at the educational institution or the preschool.

19HH1. Accessibility Accommodations Implementation by Framework

Tender1

(a) Local authorities, either by themselves or through a public institute or a

national body associated with them, shall publish a tender to choose agents,

to be contacted for the implementation of the accessibility accommodations, in

the educational institutions or preschool according to Section 19HH.

1 A "tender" is also known as a "reverse auction". –Trans.

31

(b) If a local authority or another body is obliged to implement

accommodations in an educational institution or preschool under this Part,

and is legally obliged to do so by a tender, the authority or another body may

contact the chosen bidder according to Subsection (a); has the body

established contact under this Section it fulfilled its obligation under any law

requiring a tender.

19HH2. Application for Building Permit

The owner of an educational institution or a preschool shall submit an

application for a building permit to implement the accessibility provisions

according to Section 19GG1 and 19HH; the application shall be submitted

within a year from the day the enactment of the regulations under these

Sections.

19HH3. Reservation of Laws

Provisions under this Part shall add to, but not detract from, obligations

applicable pursuant to the Planning and Building Law, before the Regulations

under Section 158F1 of the Planning and Building Law enter into force.

Article H: Insurance Contract

19II. Insurance Contract

(a) Giving different treatment pertaining to an insurance contract (in this

Article different treatment) shall not be considered discrimination according

to this Chapter, if it is based on actuarial data, statistical data, medical

information or any other information that is reliable and relevant to estimate

certain insurance risk, and the treatment is reasonable in the circumstances.

(b) An insured person who paid an increased premium due to his disability

not in accordance with the provision of Subsection (a) is entitled to a refund of

the difference between the premium he paid and the premium he would have

paid had he not been discriminated against, with the addition of linkage

differentials and interest according to the Awarding of Interest and Linkage

Law, 5721-1961, and this is in addition to any other remedy.

(c) If an insurance event occurred before the insured received the

aforesaid refund according to Subsection (b) and the insurer did not act bona

fide, the insured is entitled to increased insurance benefits in proportion, that

is the proportion between the premium actually paid and the premium he

would have paid had he not been discriminated against, in addition to any

other remedy.

(d) If an insurance event occurred before the insured received the

aforesaid refund according to Subsection (b) and the insurer acted bona fide,

32

the insured is entitled to insurance benefits plus the refund as previously

mentioned in Subsection (b), in addition to any other remedy.

(e) If the insurer refuses to insure a person with a disability contrary to the

provision of this Article, and the insurance event occurred, the court may

award the person a compensation that shall not exceed the insurance benefits

he would have received if not refused, less the premium he would have paid if

not refused, if all these took place:

(1) The person contacted the Insurance Commissioner within the

meaning of the Insurance Business Control Law, 5741-1981(in this

Article the Insurance Commissioner) within 30 days from the day it

was known to him of the refusal due to disability, provided that he

contacted the Commissioner before the occurrence of the insurance

event; if the Commissioner determined that the discrimination is

allowed, provided that the person appealed to the court within 45 days

from the day the notice of the decision was received;

(2) The person made a reasonable effort in the circumstances to

insure him against the same risk with another insurer;

In this subsection –

“refusal” including giving extremely different treatment, in the circumstances,

in consequence of which no insurance contract was made;

“Insurance Benefits Rate” – the rate of insurance benefits according to a

reasonable policy in the circumstances that does not contain different

treatment as mentioned in Subsection (a).

(f) (1) An insured individual with a disability who received different

treatment or a person with a disability whose application to be insured was

rejected (in this Section – complainant) may submit a complaint within the

meaning of the Insurance Business Control Law, 5741-1981 to the Insurance

Commissioner against the decision about different treatment or against the

refusal to insure within the meaning of this Section, and the provision of the

Insurance Business Control Law shall apply; if the decision about the

complaint involves medical topics the Insurance Commissioner shall consult

as needed with a medical expert that he shall appoint for this matter;

(2) If a decision by the Insurance Commissioner has not been

received within 90 days from the day the complaint was submitted the

complainant may, at the end of the said 90 days and subsequently,

turn his complaint over to the decision of the Committee within the

meaning of Paragraph (3)(a) (in this Article Complaints Committee); if

a complaint was turned over to the Complaints Committee, the

Complaints Committee will notify the Insurance Commissioner and the

Commissioner will no longer be authorized to hear the complaint; the

Commissioner shall turn over the complaint to the Complaints

Committee within 14 days with any material regarding it that is in his

33

possession and the provisions of Section 50(b) of the Business Control

Law shall not apply on this matter.

Nothing contained in this Subsection diminishes the rights of the

person with disabilities to apply to the court for breach of provisions of

this Article.

(3) (a) The Complaints Committee shall be comprised of three

members and they are:

(1) A retired judge that the Minister of Justice will

appoint and will serve as chair;

(2) An actuary, from the list of actuaries that specialize

in the different types of insurance (in this Article –

Actuaries List), that the Minister of Finance determined,

in consultation, inter alia, with different sources that

represent, in the opinion of the Minister of Finance the

insurance trade;

(3) An expert from the list of experts in different types

of disabilities (in this Article – Experts List), that the

Minister of Justice determined, in consultation, inter alia,

with the Commissioner; in this Paragraph, “expert” –

including a physician, a male or female nurse, a

psychologist, or a paramedical professional, excluding an

actuary.

(b) The Minister of Justice, with the approval of the

Committee shall determine all of the following:

(1) The manner of appointing members to the

Complaints Committee, taking into consideration, inter

alia, the type of expertise of the actuary and the expert,

and the types of disabilities of the complainant;

(2) The procedures of the Complaints Committee

including everything regarding the hearing of the

opponents’ pleadings or the submission of evidence and

documents on their behalf; as long as regulations have

not been enacted or in a matter for which a provision in

the regulations was not established, the Complaints

Committee shall act in a way that seems justified and

most efficient under in the circumstances;

(3) Wage and reimbursement for the members of the

Complaints Committee;

(4) First regulations under this Section shall be

submitted for the Committee’s approval by the 3rd of Iyar

5766 (May 1st, 2006);

34

(4) A notice of the appointment of the chair of the Complaints

Committee as well as a list of actuaries and a list of experts shall

be published in the Reshumot;

(5) An appointment of a member of the Complaints

Committee shall be for a period that shall not exceed 5 years;

(6) The Complaints Committee may, as required, order the

provider to fix the defect concerning disparate treatment or

refusal to insure that are not in accordance with the provisions of

this Article; a copy of the aforesaid decision shall be turned over

to the Insurance Commissioner in order to examine the need to

order a correction of the defect to other insurers;

(7) The decision of the Complaints Committee will be given

by majority after an opportunity was given to the complainant,

the complainee, the Commissioner and the organizations

promoting rights for persons with disabilities to plead their case;

(8) The decision of the Complaints Committee shall be given

within 90 days from the day it received the complaint;

(9) The Insurance Commissioner’s decisions under this

Article and the decisions of the Complaints Committee affecting

persons with disabilities, other insured or other insurers, shall be

published for the public;

(10) A person who considers himself discriminated against by

the Insurance Commissioner’s decision or by the Complaints

Committee decision may appeal to the District Court within 45

days from the day that the notice of the decision was received.

(11) A submission of an appeal shall not delay the

implementation of the decision being appealed unless the court

ordered the delay of the implementation of the decision.

(g) (1) If an insurer decided to give the insured different

treatment or if the insurer refused to insure a person, the insurer will give

the person a written, reasoned notification with the data base summary, if

the insurer based his decision on them, and a summary of the

information on which he based his decision as well; notwithstanding the

foregoing, the insurer may give the reasons of his decision and the

information and data summary to the person or to the insured as above

through the insurer’s physician; the insurer’s physician may, with

approval of the Ethics Committee, withhold the said reasons and

information or a part thereof if the information or the reasons might cause

serious damage to his physical or mental health, or endanger his life; in

this Section, “Ethics Committee” – as defined in the Patient Rights Law,

5756-1996.

35

(2) If an insurer refused to insure a person or decided to give

different treatment to an insured person, the insurer shall notify him

about his options either to file a complaint with the Insurance

Commissioner and the Complaints Committee as specified in this

Section, or to file a court claim, and also about the provisions

concerning the burden of proof; the information set out in this

Paragraph shall be provided in the form determined by the Minister of

Justice, should he so determine.

(3) An insurer’s notice under this Subsection shall be delivered

within 90 days from the date of delivering an offer to enter an insurance

contract or to change an insurance contract, as applicable; the

Insurance Commissioner may extend the delivery date to periods that

shall not exceed the sum of 60 additional days, for special grounds that

shall be given to the insured; had the insurer acted contrary to this

Subsection he shall be liable for a fine under section 61(a)(1) of the

Penal Law, 5737-1977.

(h) A person who is in the business of providing public service or

operating a public place that is not an insurance service shall not

discriminate against a person with disabilities because of different

treatment or refusal of the insurer to insure, that was given to him not

under the provisions of Subsection (a).

19JJ. Presumptions

Should a plaintiff or a complainant under this Section prove one of these, it is

presumed that the defendant or the complainee discriminated against him

because of his disability, so long as the defendant or the complainee has not

proven otherwise -

(1) The insurer refused to insure a person with a disability or gave

him different treatment and did not refuse or determined different

treatment as previously mentioned, under the same circumstances to a

person who is not disabled;

(2) The defendant conditioned providing insurance to a person with

disabilities, on a condition not required from a non-disabled person.

19KK. Burden of Proof

In a lawsuit or a complaint under this Article, the burden of proof that the

refusal or the different treatment is based on information as referred to in

Section 19II, shall lie on the insurer.

19LL. Interpretation – Applicability to an Existing Insurance Contract

36

This Article shall apply, mutatis mutandis, also to refusal to expand an existing

insurance contract and to different treatment given with regard to a request to

do so; in this Article, “expanding an insurance contract” – increasing the

insured sum or adding insurance coverage.

Article I: Roads – Accessibility

19MM. Accessibility of Roads

(a) In this Section -

“Executing Body” one of these -

(1) Local authority;

(2) Another body that is engaged in planning, building or maintaining of

roads infrastructure that the Minister of Transport or another minister

charged with the field in which this body operates (in this Section “the

Minister In Charge”);

“Local Authority Engineer” – within the meaning of Local Authorities (Local

Authority Engineer), 5752-1991;

“Licensed Buildings, Infrastructure and Environment Accessibility

Expert” - within the meaning of Section 19OO and excluding a Practical

Engineer as referred to in Section 19OO(b)(1);

“District Planner” – within the meaning of Section 8 of the Planning and

Building Law.

(b) Intersections and pavements shall be planned, built and adapted in a

manner that will enable reasonable accessibility between the sidewalk and the

road, between the parking spot and the pavement, on the pavement and road

crossing according of the provisions of this Article, including the removal of

obstacles and hurdles that violate the right of a person with disabilities to

accessibility as mentioned in this Section and including installation of traffic

lights suitable for vision impaired persons.

(c) Bridges, tunnels and other passages intended for pedestrians shall be

accessible and reasonably adapted to persons with disabilities in accordance

with the provisions of this Article.

(d) The Minister of the Interior, in consultation with the Minister of

Transport, with the Commission and organizations dealing with promotion of

rights of persons with disabilities, and with the approval of the Committee,

shall establish the necessary accessibility accommodations in order to enable

a person with disabilities accessibility as previously stated in this Section,

taking into consideration the Israeli Standard; first Regulations under this

Subsection shall be submitted to the approval of the Committee by the 3rd of

37

Iyar 5766 (May 1st, 2006) by the Committee by 10th of Cheshvan 5767 (Nov.

1st, 2006).

(e) Regarding pavements, roads, intersections, bridges, tunnels and other

passages intended for pedestrians that were built before the 10th of Cheshvan

5767 (Nov. 1st, 2006) (in this Article – existing road infrastructure), an

executing body shall submit to the Minister responsible, as applicable, by the

end of six months from the day of the publication of the regulations under

Subsection (d) a plan that details the means to make the existing road

infrastructure that are in his responsibility accessible; the plan shall be drafted

in consultation with the Licensed Buildings, Infrastructure and Environment

Accessibility Expert and with his approval; if the executing body is a local

authority, the plan should be submitted to the Minister of the Interior.

(f) The accessibility provisions regarding accessibility of existing road

infrastructure under this Article, shall be gradually implemented over a period

of 11 years, beginning no later than 13th of Iyar 5797 (May 1st, 2007) and

ending no later than the 16th of Iyar 5778 (May 1st, 2018) (in this Article –

deployment period) pursuant to an Order to be prescribed by the Minister

responsible, as applicable, by the 13th of Iyar 5767 (May 1st, 2007); the

gradual application will be equally distributed over each of the eleven years,

taking into consideration, inter alia, the plans submitted according to

subsection (e), if submitted; in determining deployment, the minister may take

into account the centrality of the road infrastructure, in the circumstances, and

its proximity to places providing services to the public; should no Order

relating to this Section be prescribed, the accessibility duty shall apply in full

no later than the 16th of Iyar 5778 (May 1st, 2018).

(g) A Local Authority Engineer or a District Planner, as applicable, in

consultation with an Licensed Buildings, Infrastructure and Environment

Accessibility Expert, may determine an exemption, full or partial, from

performing the provisions according to this Section in connection to existing

road infrastructure if one of the following takes place:

(1) The accessibility accommodation substantially damages

archeological, historical or natural values;

(2) The accessibility accommodation cannot be carried out

for engineering reasons;

(3) The accessibility accommodation requires fundamental and

wide range change in the region where it is performed.

(h) A Local Authority Engineer or a District Planner, as applicable, realized

that a provision of the provisions of Paragraph (1), (2) or (3) in Subsection (g),

exists; therefore, alternative accessibility accommodations that are

reasonable under the circumstances shall be implemented as the Local

Authority Engineer or the District Planner, as applicable, in consultation with

38

the Expert for Buildings, Infrastructure and Environment Accessibility, shall be

established.

(i) An executing body shall submit each year to the Minister responsible,

as applicable, a report about the implementation of the provisions under this

Section that was carried out in the previous year; the minister may give

instructions about the manner and way to report.

(j) The Minister responsible, as applicable, shall submit each year to the

Committee a report about the implementation of the provisions under this

Section that were carried out in the previous year.

(k) The provisions of this Section add to the provisions of the Local

Authorities (Arrangements for People with Disabilities) Law, 5748-1988;

without diminishing that which is stated in this Subsection, therefore, the

provisions of Subsections (e), (f) and (g) shall not apply to an arrangement

required under the aforesaid law.

(l) The Minister of the Interior and the Minister of Transport are charged

with executing of this Article, as applicable, and they may enact regulations

for its implementation.

Article J: Emergency Services - Accessibility

19NN. Accessibility of Emergency Services

(a) In this section -

“Hazardous Substances Event” – an event where the public was exposed

or might have been exposed to hazardous substance as defined in the

Hazardous Substance Law, 5753-1993;

“Radiological Radiation Event” – an event where the public was exposed or

might have been exposed to radiation at a level that deviates from the

marginal dose that was established for the population in the Radiation

Protection Standards of the Israel Atomic Energy Commission;

“Civil Defense” – within its meaning in the Civil Defense Law, 5711-1951 (in

this law – Civil Defense Law);

“State of Emergency” – an occurrence of an event that causes or might

cause a severe injury to the public’s safety or property, which relates to a

large population or a large area or an event where there is a fear to an injury

as aforementioned, including because of a natural disaster, environmental

damage, hazardous substance event, radiological radiation event, accident or

hostile terrorist activity.

(b) A person with a disability is entitled to full accessibility to services that

are provided to the public with regard to civil defense and state of emergency

39

including shelter and evacuation measures, information about the state of

emergency, its existence, its inception and ending date, and the measures to

be taken, including accessibility and special protective aids adapted for

persons with disabilities and types of disabilities, and all in accordance to the

provisions of this Article.

(c) The Minister of Defense with approval of the Committee and in

consultation with the Commission and organizations that promote rights of

persons with disabilities and in accordance with the basic principles and

purposes of this Law, shall establish provisions to realize the right to

accessibility under this Section in a reasonable way and considering the

provision of the Israeli Standard.

(d) The provisions of Article (c) or the provisions of Section 14D of the Civil

Defense Law shall apply on shelters’ accessibility, as applicable.

(e) First Regulations under this Article shall be submitted to the approval of

the Committee and shall be approved by the Committee by the 10th of

Cheshvan 5767 (Nov. 1st, 2006).

(f) Regarding the total of services that are provided to the public about

civil defense and state of emergency, that were provided before the 10th of

Cheshvan 5767 (Nov. 1st, 2006) (in this Article – Existing Emergency

Services), the body charged with the service shall submit to the Minister of

Defense by the end of six months from the date the Regulations under

Subsection (e) were published, a detailed plan of the ways to make the

Existing Emergency Services that are under its responsibility accessible; the

plan shall be drafted in consultation with the Licensed Service Accessibility

Expert and with his approval.

(g) The accessibility provisions regarding accessibility of existing emergency

services, pursuant to this Article, shall be gradually applied over a period of 11

years, beginning no later than the 13th of Iyar 5767 (May 1st, 2007) and ending

no later than the 16th of Iyar 5778 (May 1st, 2018) (in this Article –

deployment period), pursuant to an Order to be issued by the Minister of

Defense by the 13th of Iyar 5767 (May 1st, 2007); the gradual application will

be equally distributed over each of the eleven years, taking into consideration,

inter alia, plans submitted under Subsection (f), if submitted; in prescribing the

deployment the Minister may take into account the extent of the exposure of a

region to the dangers that the existing emergency services intend to protect

against, and the size of the population that the existing emergency services

intend to serve; if no Order was issued under Section (g), the accessibility

duty pursuant to this Article shall apply in full no later than the 16th of Iyar

57778 (May 1st, 2018).

Article K: Licensed Accessibility Experts and Accessibility Officers

40

19OO. Licensed Buildings, Infrastructure and Environment Accessibility

Expert [3]

(a) A Licensed Buildings, Infrastructure and Environment Accessibility

Expert shall be a person to whom the provisions of this section apply, who is

registered in the Licensed Buildings, Infrastructure and Environment

Accessibility Experts section of the Register of Engineers and Architects or in

the section of Licensed Buildings, Infrastructure and Environment

Accessibility Expert in the Register of Practical Engineers and Technicians as

stated in Section 2(c) of the Engineers and Architects Law, 5718-1958 (in this

Law – Engineers and Architects Law).

(b) A person to whom Paragraph (1) and (2) apply is qualified to become a

Licensed Buildings, Infrastructure and Environment Accessibility Expert, if;

(1) He is one of these:

(a) An architect or an engineer registered in the

Register of Engineers and Architects, in the section of

buildings, infrastructure and environment that the

registrar established in consultation with the

Commissioner;

(b) A Practical Engineer registered in the Register of

Practical Engineers and Technicians, and registered in

the field of buildings and infrastructure that the registrar

established in consultation with the Commissioner;

(2) He fulfills the requirements established by the Minister of

Industry, Trade and Labor in consultation with the Commissioner

regarding training including practical training, advance study and

certification exams regarding the accessibility provisions under

this Chapter and under the Planning and Building Law;

requirements under this Paragraph might be established to types

of professionals as mentioned in Paragraph (1) and regarding a

number of hours of training, advance study and its contents and

type of exams.

(c) In order to implement accessibility provisions under this Chapter and

under the Planning and Building Law regarding an opinion of a Licensed

Buildings, Infrastructure and Environment Accessibility Expert, the opinion of

a Practical Engineer, a registered architect who is not a licensed architect or a

registered engineer that is not a licensed engineer, shall be valid regarding

the type of building that he is authorized to approve under the Engineers and

Architects Law.

(d) The sections2 administered under this Section:

2 Of the Register. –Trans.

41

(1) Shall include details about the profession of the Licensed

Expert and whether he is a Practical Engineer, or a registered

architect who is not a licensed architect or a registered engineer

who is not a licensed engineer – regarding the type of building

that his opinion is valid for, as aforesaid in Subsection (c);

(2) Shall be published and be available to review on demand.

(e) The Registrar shall issue a Licensed Buildings, Infrastructure and

Environment Accessibility Expert certificate to a person registered as a

Licensed Buildings, Infrastructure and Environment Accessibility Expert as

defined in Subsection (a); the certificate shall contain the details set out in

Subsection (d)(1).

(f) In this Article -

“Licensed Architect”, “Licensed Engineer” – a person who received an

architect license or an engineer license as applicable under Section 11(a) of

the Engineers and Architects Law;

“Register of Engineers and Architects”, “Register of Practical Engineers

and Technicians”, “The Council” – within their meaning in the Engineers

and Architects Law;

“The Registrar” – one of these as applicable:

(1) Regarding Licensed Buildings, Infrastructure and Environment

Accessibility Expertwho is an architect or an engineer – the

registrar within the meaning of Section 8 of the Engineers and

Architects Law;

(2) Regarding a Licensed Buildings, Infrastructure and Environment

Accessibility Expertwho is a Practical Engineer – an employee of

the Ministry of Industry, Trade and Labor who holds an academic

degree and who has been authorized by the General Manager of

that ministry for this purpose;

(3) Regarding a Licensed Service Accessibility Expert- an employee of

the Ministry of Industry, Trade and Labor who holds an academic

degree and who has been authorized by the General Manager of

that ministry for this purpose;

19OO1. Licensed Service Accessibility Expert [3]

(a) The Registrar shall administer a Register of Licensed Service

Accessibility Experts.

(b) A Licensed Service Accessibility Expert shall be a person to which the

provisions of this Section apply, who is registered in the Register of

Licensed Service Accessibility Experts as defined in subsection (a).

42

(c) A person that Paragraph (1) and (2) apply to is qualified to be an

Licensed Service Accessibility Expert if -

(1) He is one of these:

(a) Architect, engineer or practical engineer within the

meaning of Section 19(b)(1);

(b) He is a professional, academic or technological that the

Minister of Industry, Trade and Labor in consultation with the

Commissioner has recognized his profession as appropriate for

recognition as an Licensed Service Accessibility Expert including

a physician, nurse, occupational therapist, physiotherapist,

psychologist, social worker or speech therapist, in this

Paragraph, “occupational therapist”, “physiotherapist”,

“speech therapist” – as defined in the Regulations for

Occupation of Medical Professionals, 5768-2008;

(c) He holds an academic degree in accessibility for persons

with disabilities from an institution for higher education, as

mentioned in Paragraphs (1) to (4) to the definition “institution

for higher education” in Section 19AA, and the Minister of

Industry, Trade and Labor, in consultation with the

Commissioner, has recognized the degree as an adequate

training for a Licensed Service Accessibility Expert.

(d) He holds an academic degree in accessibility for persons

with disabilities from an institution for higher education from

abroad, and the Minister of Industry, Trade and Labor, in

consultation with the Commissioner, has recognized the

institution and the degree as an adequate training for a Licensed

Service Accessibility Expert.

(2) He fulfills the requirement that the Minister of Industry, Trade

and Labor in consultation with the Commissioner has established,

including practical training, advance study and certification exams

about the accessibility provisions under this Chapter as applicable;

requirements under this Paragraph may be established for types of

professionals or for types of academic degrees as mentioned in

Paragraph (1) and regarding number of hours of training, advance

study and its contents and type of exams.

(d) The administered Register under Subsection (a) –

(1) Shall contain details about the profession or the degree of

the Licensed Expert, as applicable;

(2) Shall be published and open for review on demand.

(e) The Registrar shall issue a Licensed Service Accessibility Expert

certificate to a person registered as mentioned in Subsection (a) as a

43

Licensed Service Accessibility Expert; the certificate shall contain the details

about the profession or the degree of the Licensed Expert, as applicable.

19OO2. Penalties for Misconduct

(a) The Ethics Committee, as stated in Section 16 of the Engineers and

Architects Law, shall investigate a complaint brought before it which claims

that an Licensed Buildings, Infrastructure and Environment Accessibility

Expert who is an architect or an engineer as stated in Section 19OO(b)(1)(a)

acted in one of the following ways:

(1) Showed lack of responsibility or negligence in his duty as

required by the accessibility Provisions under this Chapter or under

the Planning and Building Law;

(2) Has acquired his registration as a Licensed Buildings,

Infrastructure and Environment Accessibility Expert by providing

false information or concealing facts;

(3) Has performed his duty as a Licensed Buildings,

Infrastructure and Environment Accessibility Expert within a conflict

of interests.

(b) If The Ethics Committee found out that a provision of the provisions of

Subsection (a)(1) to (3) applied to the Licensed Buildings, Infrastructure

and Environment Accessibility Expert, it may impose a warning or a

reprimand to suspend or remove his registration from the section of the

register as per Section 19OO(a).

(c) The Ethics Committee may hear a complaint under this Section and a

case that was brought before it according to Section 16 of the Engineers

and Architects Law regarding the same complainee together.

(d) The Registrar may suspend or remove the registration of a Practical

Engineer as mentioned in Section 19OO(b)(1)(b) from the section in the

register as per Section 19OO(a) or an Licensed Service Accessibility

Expert from the register that is administered under Section 19OO1(a), as

applicable, if he found that one the following applies:

(1) He was convicted of a dishonorable offense or of an offense that

implies that he lacks the responsibility required to function as a Licensed

Buildings, Infrastructure and Environment Accessibility Expert or as a

Licensed Service Accessibility Expert, as applicable.

(2) It was determined in a final judgment that the Licensed Expert

exhibited irresponsibility or negligence while performing his duty in

accordance with the Accessibility Provisions under this Chapter or under

the Planning and Building Law or that he performed his duty within a

conflict of interests; or that he obtained his expert registration by

providing false information or concealing facts.

44

19OO3. Termination of Qualification Conditions

(a) If a condition of the qualification conditions stated in Section 19OO(b)

regarding an Licensed Buildings, Infrastructure and Environment Accessibility

Expert ceases to exist, the Registrar shall revoke his registration from the

section of the administered register under Section 19OO(a) in which he is

registered.

(b) If a condition of the qualification conditions stated in Section 19OO1(c)

regarding an Licensed Service Accessibility Expert ceases to exist, the

Registrar shall revoke his registration from the administered register under

Section 19OO1(a).

19OO4. The Duty to Give Reasons

A decision of the Registrar, Ethic Committee or the Minister of Industry, Trade

and Labor under this Section shall be jointly delivered in writing with reasons

for the decision.

19OO5. Areas of Practice

(a) The Minister of Industry, Trade and Labor after consultation with the

Commissioner and the Council may determine the activities that shall be

performed by an Licensed Buildings, Infrastructure and Environment

Accessibility Expert and the activities that shall be performed by a Licensed

Service Accessibility Expert.

(b) The Minister of Industry, Trade and Labor after consultation with

the Commissioner and the approval of the Committee may

determine the fees as follows:

(1) Examination fee according to Sections 19OO(b)(2) and

19OO1(c)(2);

(2) Registration fee as an Licensed Buildings, Infrastructure

and Environment Accessibility Expert according to Section

19OO(a) or as a Licensed Service Accessibility Expert according

to Section 19OO1(a);

(3) Recurring fee that each of the licensed experts as

aforementioned in Paragraph (2), the payment date, in addition to

an extra fee and linkage differentials if the fee was not paid on

time.

19PP. Accessibility Officer

(a) A person who is charged with providing a public service as defined in

Article D that employs at least 25 employees shall appoint a person as

45

familiar with the area of accessibility for persons with disabilities as is

possible, from among its employees, and priority for this position should be

given to a person with a disability (in this Section – Accessibility Officer).

(b) An Accessibility Officer -

(1) Shall give information to the public about the accessibility

of the public service, or the place where the service is given;

(2) Shall give advice and guidance about the responsibilities

of the public service according to this Chapter.

Article L: Powers of the Commissioner – Accessibility

19QQ. Accessibility Order

(a) The Commissioner or a civil servant that he appointed regarding this

Section (in this Section – Commissioner) may order to a person that is

obliged to implement accessibility accommodations under the provisions of

this Law or the accessibility provisions of the Planning and Building Law to

take actions detailed by him for implementing the accommodations as

aforesaid, all or part (in this Section – Accessibility Order); Accessibility

Order may include provisions about executing the required actions to

implement the accessibility accommodations according a timetable that was

determined under this Chapter, including the submission of application for a

building permit or advertising a tender; in this Article “a civil servant” is– a

civil servant as defined in Civil Service (Appointments) Law, 5719-1958, an

employee of a local authority and an employee of statutory authority that the

Disciplinary Law applies to him according to any law.

(b) If an Order for gradual application according to Sections 19T, 19EE,

19GG3, 19MM, 19NN has not been issued by the determined time in a

Section from the previous Sections, the Commissioner may order in an

accessibility order of the implementation of the accessibility accommodations

regarding the proportional part that accessibility accommodations were to be

performed under the aforesaid Section, if an order for gradual application has

been issued on time.

(c) The Commissioner shall not issue an accessibility order until after the

person who issued the order against him has had an opportunity to plead his

case.

(d) The Commissioner shall not issue an accessibility order under the

accessibility provisions according to the Planning and Building Law until after

21 days from the day he informed the local committee for planning and

construction involved his intent to issue an order as previously stated and

provided that said committee did not notify about its objections during this

period because of a different interpretation of the provision of the Planning

46

and Building Law; if the local committee objects to the issue of an order, the

Attorney General shall decide on the dispute.

(e) In an accessibility order, the period to carry out the actions detailed

therein starts with the delivery of the order to the person upon whom it

imposes a duty.

(f) The delivery of accessibility orders shall be as stated in Section 237 of

the Criminal Procedure [combined Version] Law, 5742-1982 (in this Chapter –

Criminal Procedure Law), mutatis mutandis.

(g) For the implementation of this Section’s provisions, the Commissioner

or a civil servant that he appointed for this matter may -

(1) demand from a person that is obliged to implement

accessibility accommodations under this Law or under the

Planning and Building Law to give his name and address and to

present his I.D. card or any other official document that identifies

him and that he is obliged to carry by law;

(2) demand a person as aforementioned in Paragraph (1) to

provide information and documents related to the implementation

of the accessibility duty under this Law or under the accessibility

provisions of the Planning and Building Law;

(3) enter a public place as defined in Article C or a place

where public service is provided as defined in Article D, at any

reasonable time, to examine the performance of the provisions

under this Law or accessibility provisions according to the

Planning and Building Law.

19RR. Query to the Commissioner

(a) Every person has the right to refer to the Commissioner asking for

information about the subjects specified in Subsection (b) (hereinafter –

Query).

(b) A query shall be only about these subjects:

(1) Applicability of the definitions “public place” as

stated in Article C, “civil service” as stated in Article D, “public

authority” as stated in Article A, regarding place, service or

authority subject of the query;

(2) Applicability of the restrictions concerning Sections

19I(b), 19I(d), 19L(b), 19L(d), 19M, 19Q(b) or 19CC(c), or Section

158F1(d)(2) and 158F1(e)(1) of the Planning and Building Law.

On a place, service or authority the subject of the query and the

alternative accessibility arrangements as required by the

47

provisions of Section 19N of this Law or Section 158F1(e)(2) of

the Planning and Building Law;

(3) If the Commissioner issued an accessibility order

against a public place, public service or a public authority subject

of the query;

(4) Another subject, that the Minister of Justice

determined, in consultation with the Commissioner.

(c) The Commissioner shall respond to a query within 60 days from the

day it was received.

(d) The Minister of Justice with approval of the Committee may prescribe

an obligation to pay a fee regarding submitting a query and handling it.

19SS. Investigation by the Commission

(a) If a complaint was submitted or a suspicion arose of committing an

offense under Section 19VV, excluding an offense regarding different

treatment in an insurance contract contrary to the provisions of Article H or if a

complaint was submitted under the accessibility provisions of the Planning

and Building Law, the Commissioner or a civil servant that he authorized may

investigate a person that, in his opinion, is connected to the offense as

previously stated, or has or may have had information about it.

(b) The Commissioner shall not authorize a civil servant under the

auspices of Subsection (a), unless both of these exist:

(1) Israel Police Force did not notify within a month from the

Commission’s request to them that they object the authorization;

(2) The employee received adequate training as determined

between the Commissioner and the police.

(c) The provisions of Subsection (a) shall not be diminished from the

police authority to investigate an offense as previously stated in Subsection

(a).

(d) An investigation under this Subsection shall apply the provisions of

Sections (2) and (3) of the criminal procedure (evidence) ordinance.

19TT. Publication of Information to the Public

The Commission shall publish information to the public about the

responsibilities and rights under this Chapter.

19UU. Report to the Committee about the Commission’s Actions

48

The Commissioner shall report to the Committee once a year about his

activities to promote the provisions of this Chapter including -

(1) The number of queries that were submitted and the manner they

were dealt with;

(2) The number of claims that he submitted under Article N and

their phases;

(3) The number of accessibility orders that he issued.

Article M: Penalties

19VV. Penalties

(a) Anyone who discriminates against a person in violation of Section 19F

and 19II is liable for twice the fine stated in Section 61(a)(3) to the Penal Law,

5737-1977 (in this Section – The Penal Law).

(b) A court that convicted a person of an offense under Subsection (a)

may, in addition to any other punishment, order that the person not practice

business for a period that will be determined, provided that this person is its

owner, holder, manager or presently in-charge.

(c) A person who violates a provision of the accessibility order is liable for

a fine as per Section 61(a)(3) to the Penal Law and an additional fine at a rate

of 5% from the first fine for every day in which the offense continues beyond

the period that was established in the accessibility order.

(d) If an offense was committed under Subsection (c) by a corporation, it is

liable for twice the fine set for this offense;

(e) (1) An office holder in a corporation must supervise and do everything

possible to prevent an offense under Subsection (c) by a corporation or

by one of its employees; Anyone who violates this Provision is liable for

a fine as referred to in Section 61(a)(c) of the Penal Law; regarding this

Section, “office holder” – an active manager in a corporation, a

partner, limited partner excluded, or a person who is in charge on

behalf of the corporation of the area in which an offense was

committed.

(2) If an offense was committed under Subsection (c) by a

corporation or by one of its employees, it is presumed that a office

holder in the corporation violated his duty under Paragraph (1) unless

he can prove that he did everything he could to fulfill his obligation.

(f) an employee in charge in a public authority that is not a corporation

must supervise and do everything possible to prevent a violation of a

provision of an accessibility order by the public authority or by one of its

49

employees; anyone who violates these provisions is liable for a fine as per

Section 61(a)(3) of the Penal Law; regarding this Section, “employee in

charge in a public authority” – an active manager in a public authority, a

person responsible on behalf of a public authority of an area in which an

offense was committed, his supervisor including the supervisor of his

supervisor.

19WW. Submitting an Indictment

(a) An indictment under Section 19VV or under the accessibility provisions

of The Planning and Building Law, shall be submitted by a Prosecutor that

was appointed by the Attorney General to the Government under Section

12(a)(1)(b) of The Criminal Procedure Law , from the Commission’s

employees.

(b) The Provisions of Subsection (a) shall not prevent a Prosecutor as

documented in Section 12 of The Criminal Procedure Law to submit an

indictment under Section 19WW or under the accessibility provisions of the

Planning and Building Law.

19XX. Obligation to Report

The Minister of Public Security, and the Commissioner, as applicable, shall

report annually to the Committee concerning the manner of dealing with

complaints that were submitted under Section 19VV or under accessibility

provisions of the Planning and Building Law, including the number of

complaints and indictments that were submitted, the number of convictions

and punishments and the causes not to indict.

Article N: Lawsuits

19YY. Civil Tort

(a) An act or an omission contrary to a provision under this Chapter,

Chapter E or under the accessibility provisions of the Planning and Building

Law is a civil tort and the provisions of the Tort Ordinance [New Version] shall

apply subject to the provisions of this Section.

(b) A court may award compensation without proof of damage, for a tort

under Subsection (a) in an amount that shall not exceed 50,000 NIS, for a

Tort -

(1) In contravention of the provisions of Section 19F

including Section 19II, however, for the purpose of Subsection

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(g)(3) of Section 19II only if the defendant was not ordered to pay

a fine as stated in the previous subsection;

(2) In contravention of to the provisions established under

Sections 19I, 19L, 19Q, 19P, 19CC, 19EE, 19GG1, 19GG3,

19HH, 19MM,19NN or under the accessibility provision of the

Planning and Building Law.

(c) The court shall not award compensation without proof of damage as

previously mentioned in Subsection (b)(2) if the defendant has proven one of

the following:

(1) An accessibility order was issued against him for an act

or omission, which is the subject matter of the lawsuit, and he is

following the provisions of the order and its schedule.

(2) A lawsuit was submitted against him for the same act or

omission (in this Section – The Previous Lawsuit), and one of

these exists:

(a) He follows the court judgment in the previous lawsuit and

schedule set in it;

(b) The previous lawsuit was submitted less than three

months before the submission of the lawsuit discussed in court,

and he is working to implement the accessibility

accommodations according to a reasonable schedule;

(3) He approached the Commission with a query in a

reasonable time before the submission of the lawsuit;

(4) One of the conditions established by the Minister of

Justice under Subsection (d) applies to the defendant as well as

to the accessibility accommodations that are the subject matter of

the lawsuit.

(d) The Minister of Justice may establish, in consultation with the

Commission and organizations promoting the rights of persons with

disabilities, and with the approval of the Committee, the conditions which,

when applied, the court will not award compensation without proof of damage

as aforementioned in Subsection (b)(2); condition as aforementioned shall

relate to the cost of implementing the accessibility accommodation versus the

defendant revenue.

(e) When awarding compensation without proof, damage as aforesaid in

Subsection (b)(2) the court may consider, inter alia, the number of lawsuits

that were submitted against the defendant, the type of service or the place,

the scope of his activity including size of the population that uses the service

or the place, the quality and cost of the accessibility accommodation, the date

the place was built, the assistance of national and external financial resources

to implement the accessibility accommodation and the scope of revenues or

51

the profit rate of the person obligated to carry out accessibility

accommodations under this Chapter.

(f) (1) The amount as referenced in Subsection (b) shall be updated

once a year according to the new index increase rate versus the basic index.

(2) Regarding this Subsection -

“index” – the Consumer Price Index as advertised by the

Central Bureau of Statistics;

“the basic index” – the index of the month of February 2005;

“the new index” – the index of the month preceding the month

of update.

19ZZ. Liability of an Office holder in a Corporation

If a civil tort by a corporation occurred as outlined in Section 19YY, a person

shall also be liable for the tort if at that time he was an active chief executive

of the corporation, an active executive of the corporation with regard to the

tort’s subject matter, a partner excluding a limited partner or a senior

employee charged with the area in which the tort occurred unless he has

proven both that:

(1) The tort occurred without his knowledge;

(2) He took reasonable measures within the circumstances

to prevent the tort.

19AAA. Lawsuits -– Status of the Commission and an Organization

(a) In a civil or an administrative procedure that its subject matter is the

breach of the provisions under Chapter E, under this Chapter or under the

accessibility provisions of the Planning and Construction Law, it might be

possible to file a legal claim in addition to a claim filed by the person who was

discriminated against or whose rights were infringed upon under the

provisions of this Chapter or the previously stated Law, by the Commission or

by an organization that promotes the rights of persons with disabilities,

provided that the cause of action is a discrimination or infringement of a

certain person’s right, provided this person consented to it.

(b) In a civil or an administrative procedure where its subject matter is the

breach of the provisions under Chapter E, under this Chapter or under the

accessibility provisions of the Planning and Building Law, the court may allow

the Commission or the organization that promotes the rights of persons with

disabilities to present its opinion in a form it will order.

19BBB. to 19LLL. (repealed)

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19MMM. Presumptions

(a) Should a Plaintiff prove one of the following in a civil proceeding

pursuant to Section 19F, it is presumed that the defendant acted contrary to

the provisions of this Section so long as it was not proven otherwise:

(1) The defendant refused to provide a product or a public service,

prevented entry to a public place or refused to serve a person with

disabilities in a public place, after he made inquiries related to the

disability;

(2) The defendant refused to provide a product or a public service,

prevented entry to a public place or refused to serve a person with

disabilities in a public place, and did not refuse or prevent such

entry, in the same circumstances, to a nondisabled person;

(3) The defendant made providing a product or public service, or

entry to a public place or service in a public place, to a person with

disabilities, conditional on fulfillment of a condition not required from

a nondisabled person.

Article O: General

19NNN. Expansion of Applicability

The provisions of Articles B and H shall also apply to discrimination of a

person because one of the following relates to him, as applicable:

(1) He was previously a person with disabilities;

(2) He is considered a person with disabilities;

(3) He is accompanying a person with disabilities;

(4) He is a family member of a person with disabilities;

In this Section “family member” – any of these:

(1) Spouse;

(2) A parent, child, brother, sister and the spouse of each of them;

(3) Grandfather, grandmother, grandson or granddaughter.

19OOO. Regulations with the consent of the Minister of Finance

Regulations under Sections 19(c1), 19I(a), 19L(a), 19Q(a), 19CC, 19GG1,

19HH, 19MM(d) and 19NN(c) to this Law shall be enacted with the consent of

the Minister of Finance but if the Minister of Finance has not given his consent

the matter shall be referred for the Government to decide.

53

19PPP. Implementation

The Minister of Justice is charged with implementation of this Chapter, but -

(1) The Minister of Communications is charged with implementation

of Article D, insofar as it pertains to Bezeq services and facilities;

(2) The Minister of Transport is charged with implementation of

Article D, insofar as it pertains to car rental services;

(3) The Minister of Health is charged with implementation of Article

F;

(4) The Minister of Education and the Minister of Industry Trade and

Labor are charged with implementation of Article G, as applicable;

(5) The Minister of the Interior, the Minister of Transport and the

Minister responsible within the meaning of Article I are charged with

implementation of Article I, as applicable;

(6) The Minister of Defense is charged with implementation of

Article J;

(7) The Minister of Industry Trade and Labor is charged with

implementation of Article K, Section 19PP excluded.

Chapter F: The Commission for Equal Rights of Persons with Disabilities

20. Establishment of Commission

A Commission for Equal Rights of Persons with Disabilities is hereby

established.

21. Functions of the Commission

The Commission shall act -

(1) to promote the basic principles of this Law;

(2) to promote equality and prevent discrimination against people with

disabilities;

(3) to encourage the integration and active participation of people with

disabilities in society;

(4) to fulfill the functions vested in it under this Law.

54

22. Equal Rights for Persons with Disabilities Commissioner

(a) The Government, in consultation with the Minister of Justice and the

Minister of Labor and Social Welfare, shall appoint an Equal Rights for

Persons with Disabilities Commissioner.

(b) The Commissioner shall be charged with the execution of the functions of

the Commission.

23. Appointment Qualifications of Commissioner

An Israeli national and resident in Israel who holds an academic degree in a

profession within the sphere of the Commission's functions is qualified to be

appointed Commissioner. The Commissioner shall be a State employee and

notice of his appointment shall be published in Reshumot.

24. Commission Employees

Commission employees shall be State employees.

25. Commission Budget

The Commission's budget shall be determined in the Budget Law as a

separate budget item within the meaning in the Budgetary Principles Law,

5745-1985.

26. Advisory Council

(a) The Minister of Labor and Social Welfare and the Minister of Justice shall

appoint an Advisory Council to the Commission. Notice of the appointment

and composition of the Council shall be published in Reshumot.

(b) People with various disabilities or their representatives, depending on the

circumstances, representatives of organizations engaged in the

advancement of the rights of people with disabilities, experts in the areas

of activity of the Commission, lawyers and public representatives shall be

members of the Advisory Council. The majority of members of the

Advisory Council shall be people with disabilities.

(c) The Commissioner shall consult with the Advisory Council on matters

concerning the functions of the Commission.

26A. Reservation of Rights

This Law shall add to any right or responsibility established by law, and shall

not derogate therefrom.

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26B. Status of the State

For the purposes of this Law, the State is considered to be the same as any

other person.

Chapter G: Miscellaneous Provisions

27. Amendment of the Labor Courts Law - No. 28

In the Labor Courts Law, 5729-1969, the following shall be inserted at the end

of the Second Schedule:

"Chapter D of the Equal Rights for People with Disabilities Law, 5758-1998".

28. Amendment of the State Service (Appointments) Law - No. 10

In the State Service (Appointments) Law, 5719-1959, in section 15A -

(1) the marginal heading shall read "fair representation";

(2) in subsection (a), the words "(hereinafter referred to as "suitable

representation")" shall be replaced by the words "in addition to the

representation of people with disabilities (hereinafter referred to as

"suitable representation"); in this section, "person with disabilities",

"people with disabilities" has the same meaning as in the Equal Rights

for People with Disabilities Law, 5758-1998";

(3) the following shall be inserted at the end of subsection (b), "including

implementation of accommodations, as defined in section 8(e) of the

Equal Rights for People with Disabilities Law, 5758-1998.";

(4) in subsection (c) -

(One) after the words "as shall be determined therein" the words "and for

the purposes of suitable representation of people with disabilities,

including the provisions in respect of categories of disabilities or

their severity" shall be inserted;

(Two) at the end of the subsection the words "in addition to granting

priority in a tender to a person with disabilities where people with

disabilities are not fairly represented and where the candidate, who

is a person with disabilities, holds similar qualifications to those of

the other candidates" shall be inserted

29. Commencement

This Law shall enter into force on the 13th of Tevet, 5759 (January 1st, 1999).

56

Schedule 1

(Sections 19E, 19G and 19I)

(Public Place)

(1) Office or facility of a public body as defined in section 5;

(2) Lecture hall, convention center, banquet hall, wedding garden,

community center, club or any place used for assembly;

(3) Sports hall or sports facility, swimming pool, beach, spa or any place

for exercise or leisure;

(4) Post office including postal facility and postal agency, pharmacy,

drugstore, restroom, bank, laundry including dry cleaning service, garage,

beauty parlor, hair salon, shelter, internet center, office or office building,

office or a place used generally by an employees’ union or a political party,

insurance agency, real estate agency, travel agency, shoe repair shop, gas

station, or any other place that provides similar service to the public;

(5) Hospital, laboratory or institute for medical examination, clinic, mother-

child station, Magen David Adom station or any other place that provides

health services;

(6) Animal hospital, laboratory or institute for medical examination of

animals, veterinary clinic or any other place that provides health care for

animals;

(7) Hotel, boarding house, hostel, guest house or any other place that

provides hosting and boarding;

(8) Court and tribunal, military tribunal, jailhouse, prison, police station,

civil defense station or any other military facility that is open to serve the

public;

(9) Day care or preschool, school, art school, post-secondary Institution for

technical, vocational, biblical or religious study, university or any place that

provides learning or educational services regarding accessibility of a public

place – excluding educational institutions and preschools within their meaning

in Article G;

(10) Cemetery;

(11) Cinema, theater, entertainment hall, nightspot, stadium or any other

place serving as a place for shows and entertainment permanent or

temporary;

(12) House of prayer, Mikveh or any place that provides religious services;

(13) Gallery, museum, library or any place for culture and art;

57

(14) Garden, zoo, playground, park or any other place for entertainment and

leisure;

(15) Part of a TV studio, radio studio or any part of a place that serves

permanently for interviews and media;

(16) Parking, terminal, harbor, bus station, taxi station, railway station or

any other place serving public transportation and regarding accessibility of a

public place – excluding stations, harbors and places within the meaning of

Chapter E;

(17) Restaurant, coffee house, bar or any place serving food and drinks;

(18) Students’ dormitory, pupils’ dormitory, workers’ dormitory or any other

place for residence or lodging for fixed periods;

(19) Archeological site, historical site, visitor’s center in a plant, natural

reserve or any visitors place;

(20) Mini market, grocery store, supermarket, food store, shop, department

store, shopping center, kiosk, market or any place serving as shopping or

equipment rental place;

(21) Employment center, leisure or residence for persons with disabilities

children or elderly, social services department, public kitchen, homeless

center, residence or shelter for abused women, or children, and hostel for

abusive men or any place providing welfare or treatment services;

(22) Voting Booth.

Schedule 2

(Sections 19E, 19J and 19L)

(Public Service)

(1) Health service;

(2) Entertainment service;

(3) Education learning or leisure service, regarding public service

accessibility – excluding educational service within the meaning of Article G;

(4) Social Welfare service;

(5) Sports service;

(6) Tourists service;

(7) Bus service, trains, air transport, ships, taxis, vehicle rental or any

transportation service but regarding service accessibility of the services listed

in this Paragraph the provisions of Chapter E shall apply excluding regarding

vehicle rental as aforesaid in Section 19L;

(8) Culture service;

58

(9) Guest service;

(10) Commerce service;

(11) Religious service;

(12) Energy service;

(13) Bezeq service;

(14) Banking service, credit, insurance, pension or any financial service.

Schedule 3

(Sec. 19I)

Column A Column B

The Public Authority The date upon which the accessibility

duty shall apply in full

1. A local authority 26th of Cheshvan 5782 (Nov. 1st, 2021)

Ezer Weizman Binyamin Netanyahu Dan Tichon President of the State Prime Minister Speaker of the Knesset

Eliyahu Ishai Minister of Labor and

Social Welfare

______________________________________________________________

Endnotes

[1] As amended, including all amendments up to Amendment No. 11, 5773-

2012, Sefer Hachukkim 2388 of November 19th, 2012.

[2] Section 19 of Amendment No. 2, 5765-2005 of April 7th, 2005 pertains to

the date Chapter E1 will enter into force, and states as follows:

19. Commencement

(a) Subject to the provisions of Subsections (b), (c), (d) and (e) – the

commencement of this Law is six months from the day it was published

(hereafter – Commencement Day).

(b) The commencement of Articles C, D, F, G, I and J of Chapter E1

of the Equal Rights for Persons with Disabilities Law, 5758-1998, as

drafted in Section 3 of this Law, is the commencement day of the

Regulations which were firstly enacted under said Articles, as applicable;

and the commencement of Article E of the previous Chapter is the

commencement day of the first Regulations under one of the previous

59

Articles that established an exemption from the obligation of the

implementation of accessibility accommodations.

(c) The commencement of Section 19H(e) of Equal Rights for

Persons with Disabilities, 5758-1998, as drafted in Section 3 of this Law,

at the end of the period of seven years from the date of the

commencement of the Regulations under Section 19I about a public

place.

(d) The commencement of Sections 1, 151, 157, 158A, 158B1 and

Chapter E1A of the Planning and Building Law, 5725-1965, as drafted in

Section 7 of this Law, is the commencement day of the Regulations

being enacted for the first time under Sections 158F1 and 158F2, as

applicable”

[3] Below is Section 21 of Amendment No. 2, 5765-2005 of April 7th, 2005

as amended by Amendment No. 4, 5767-2007 to the Equal Rights Law of

March 28th, 2007 –

21. Transitional Provisions Regarding Licensed Buildings,

Infrastructure and Environment Accessibility Experts and Licensed

Service Accessibility Experts

(a) In this Section -

“The Registrar” – as defined in Section 19OO(1)

(b) The Registrar shall administer a Register, where a person who has

proven to the Registrar that the provisions of this Section apply to him, shall

be registered. Separate sections are in it for each of the accessibility

categories as applicable (hereinafter Special Register).

(c) A person in Israel who was engaged in the subject of Accessibility to

Buildings, Infrastructure and Environment for Persons with Disabilities on a

substantial scale within a period of 3 years starting on the 23rd of Tevet 5760

(Jan. 1st, 2000) and ending on the 15th of Sivan 5767 (Jun. 1st, 2007) and

accumulated experience and actual expertise in these fields and both of these

apply to him:

(1) He is holding an academic degree related to the field of

Accessibility to Buildings, Infrastructure and Environment for Persons

with Disabilities, or he is a Practical Engineer within the meaning of

Section 19OO(b)(1)(b);

(2) He fulfills the requirements determined for him under Section

19OO(b)(2) if such requirements were established for him, in full or

part, after examination of his experience and expertise as previously

stated;

is entitled to register in the special register in the section of

Accessibility to Buildings, Infrastructure and Environment that the

Registrar shall administer, provided that he submitted an application to

60

the Registrar as stated in this Section and has proven that the

provisions of this Subsection apply to him.

(d) A person in Israel who was engaged in the subject of Accessibility of

Service for Persons with Disabilities on a substantial scale within a period of 3

years starting on the 23rd of Tevet 5760 (Jan. 1st, 2000) and ending on the

19th of Tishrei 5767 (Oct. 1st, 2007) and accumulated experience and actual

expertise in these fields and both of the following apply to him:

(1) He is holding an academic degree related to the field of

Accessibility of Service for Persons with Disabilities, or he is a Practical

Engineer within the meaning of Section 19OO(b)(1)(b);

(2) He fulfills the requirements determined for him under Section

19OO(b)(2) if such requirements were established for him, in full or

part, after examination of his experience and expertise as previously

required;

is entitled to register in the special register in the section of Accessibility of

Service that the Registrar shall administer, provided that he submitted an

application to the Registrar as previously stated in this Section, and has

proven that the provisions of this Subsection apply to him.

(e) A person who is registered in the Special Register in the Sections of

Accessibility to Buildings, Infrastructure and Environment or Accessibility of

Service -

(1) Is entitled to use the title of Licensed Buildings, Infrastructure

and Environment Accessibility Expert or Licensed Service Accessibility

Expert, as applicable;

(2) May be engaged in any area that a Licensed Buildings,

Infrastructure and Environment Accessibility Expert or Licensed

Service Accessibility Expert is engaged, as applicable;

(3) Regarding anyone who is registered in the Special Register in

the section of Accessibility to Buildings, Infrastructure and Environment

– the exemption from examinations shall apply until the 23rd of Nissan

5776 (May 1st, 2016) according to Section 19OO(b)(2);

(4) The provisions listed below shall apply to him according to

subject, mutatis mutandis:

(a) Regarding anyone who is registered in the Special

Register in the section of Accessibility to Buildings,

Infrastructure and Environment and he is an architect or an

engineer the provisions of Sections 19OO(2)(a) to (c),

19OO(3)(a) and 19OO(4).

(b) Regarding anyone who is registered in the Special

Register in the section of Accessibility to Buildings,

Infrastructure and Environment and is not an architect or an

61

engineer, and regarding anyone who is registered in the Special

Register in the section of Accessibility of Service – the

provisions of Sections 19OO(2)(d), 19OO(3) and 19OO(4).

(f) An application under this Section shall be submitted to the Registrar by

the end of the 30 days after the end of the aforesaid period in Subsections (c)

or (d), as applicable.

(g) The Minister of Industry, Trade and Labor, with the Labor, Social

Welfare and Health Committee of the Knesset, may determine fees regarding

this Section as listed below:

(1) A fee for experience and expertise examination as delineated in

Subsection (c)(2);

(2) A fee for examination under Section 19OO(c)(2) that was

implemented for a person applying to register in the Special Register

under Subsection (d)(2), and a fee for an experience and expertise

examination as stated in the same Subsection;

(3) A fee for registering in the Special Register;

(4) A recurring fee that a person that is registered in the Special

Register must pay, the date to pay in conjunction with an additional fee

and linkage differentials that must be paid if the recurring fee was not

paid on time.